What is a constructive desertion?

Constructive desertion is a term used in South Carolina divorce law to describe a scenario where one spouse creates an environment that is so unbearable for the other that they are forced to leave the marital home. It may involve either physical or emotional cruelty that has caused the victimized spouse to experience severe distress. Constructive desertion is considered to be a “fault” divorce, which may lead to the wronged spouse receiving a more favorable division of the marital assets in a divorce settlement. In South Carolina, if one spouse can prove to the court that the other spouse has acted in a way that has forced them to leave the marital home, they may be able to assert their right to a larger portion of the marital assets than they would otherwise. Constructive desertion is also used in cases of abandonment. If one spouse unilaterally decides to leave the marital home with no intention of returning, the other spouse has the right to file for a divorce based on constructive desertion. This type of abandonment is more likely to be seen in cases of extreme cruelty or violence. In South Carolina, when a divorce is filed based on constructive desertion, the court will assign a specific period of time for the deserted spouse to file a notice of abandonment. This serves as their legal notice to the other spouse and is necessary for filing for a divorce.

Related FAQs

What is a qualified domestic relations order (QDRO)?
What are the benefits of a short-term marriage divorce?
What are the tax implications of a divorce?
What is a marital property agreement?
What is marital misconduct?
What is the process of getting a divorce?
What forms do I need to file for a divorce?
Who pays for the divorce?
What documents and information do I need to get a divorce?
What is a contested divorce?

What is a constructive desertion?

Related FAQs

Related Blog Posts