What is a constructive desertion?

Constructive desertion is a type of fault-based divorce in Washington State. It occurs when one spouse abandons the other spouse, meaning they have left the marital relationship without the consent of the other spouse, and without good cause. This type of behavior may entail one spouse moving out of the marital home, refusing to participate in the marriage or failing to provide reasonable attention, care or support to the other spouse. In Washington State, constructive desertion is one of the four fault-based divorce grounds. Fault-based divorces are considered when one spouse is seeking to prove that the other spouse is at fault for the dissolution of the marriage. In the case of constructive desertion, the spouse seeking the divorce must prove the other spouse is at fault for the breakdown of the marriage through unlawful abandonment. In order to prove constructive desertion, a spouse must prove that the other spouse either left the marital home without just cause or refused to provide reasonable emotional and financial support to the other spouse. If the accusing spouse can prove these to the court, then they may be granted a fault-based divorce. In short, constructive desertion is a fault-based divorce in Washington State that requires one spouse to prove that the other spouse unlawfully abandoned them, either by leaving the marital home or failing to provide appropriate support.

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What is a constructive desertion?

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