What is a constructive desertion?

Constructive desertion is a type of divorce law in Texas, which is used when one spouse deserts or substantially neglects the marital duties that are required of them. This is a more serious matter than physical desertion, as it is based on a pattern of behavior that undermines the marriage. Constructive desertion occurs when a spouse stops fulfilling their marital duties without physically leaving the home. This can include psychological abandonment, or not providing an emotional connection, as well as failing to meet financial obligations. In Texas, if a spouse can show that the other has committed constructive desertion, they can claim that the marriage is irretrievably broken and pursue a divorce. However, this must be shown through evidence such as testimony or emails, which can involve a lengthy and expensive court process in Texas. If the court finds constructive desertion, they can grant a divorce without waiting for a prescribed time period to pass. Constructive desertion is considered to be a serious matter, as it is seen as a form of psychological abuse. It is also very difficult to prove, as the spouse must show that their partner is actually intentionally neglecting their marital duties, which can be difficult without evidence.

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What is a constructive desertion?

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