What is a constructive desertion?

Constructive desertion is a form of abandonment under Oklahoma divorce law. This occurs when one spouse fails to fulfill his or her marital duties, which causes the other spouse to seek a divorce. Constructive desertion can occur if one spouse commits adultery, abuses the other spouse, or engages in other forms of misconduct. The party that has been deserted can file for divorce on the grounds of constructive desertion. In Oklahoma, for a divorce to be granted based on constructive desertion, two conditions must be met. First, the court must find that the deserted spouse was not at fault in the marriage breakdown. Second, the court must determine that the deserted spouse could not be reasonably expected to continue living with the other spouse. If the court grants a divorce on the grounds of constructive desertion in Oklahoma, the court may consider certain factors, such as the length of the marriage and the level of misconduct of the deserting spouse, when determining issues such as spousal support, child support, and alimony. The court may also consider whether the deserting spouse attempted to reconcile with the abandoned partner before the divorce was granted.

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What is a constructive desertion?

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