What is a constructive desertion?

Constructive desertion is a grounds for divorce in North Carolina. It is a term used to describe when one spouse leaves the marital home without justification, without communication to the other spouse, and without the intention of returning. The spouse leaving the marital home is the one who has committed constructive desertion. Constructive desertion does not require any physical abandonment and is typically used in situations where the remaining spouse in the home wishes to end the marriage, but the other spouse is unwilling to do so. Constructive desertion is usually proven when the remaining spouse in the home can demonstrate a period of time—which is usually at least one year—during which the other spouse was absent from the marital residence without explanation or reason, and with the intention not to return. This must be proven with tangible evidence such as witness testimony, bank/credit statements, phone or internet records, or any other proof of the absent spouse’s whereabouts during this period of time. Additionally, the remaining spouse must demonstrate that the absent spouse’s absence caused “extreme mental or physical cruelty” to the extent that they can no longer live together as a married couple. It is important to note that constructive desertion is not a basis for fault in child custody cases.

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What is a constructive desertion?

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