What is a constructive desertion?

Constructive desertion is a type of divorce law in Rhode Island when one spouse has effectively abandoned the marriage without actually leaving the home. Constructive desertion happens when one spouse stops participating in the marriage on an emotional, physical, or mental level. The spouse is said to have “left” the marriage even though they physically remain in the home. In Rhode Island, constructive desertion must have been going on for at least three years before the other spouse can file for divorce based on constructive desertion. To prove constructive desertion, the spouse filing must demonstrate that the other spouse refused to do their marital duties, such as providing emotional and financial support, and that this behavior was willful and continuous for three years or more. Constructive desertion is a serious issue and can have lasting effects on the marriage. It is important to remember that filing for constructive desertion in Rhode Island can be difficult, and it is important to seek legal advice before taking any action. Consulting an experienced divorce attorney can help guide you through the process and ensure that your rights are protected.

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What is a constructive desertion?

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