Obstinate desertion occurs when an individual intentionally and without valid reason neglects their responsibilities or obligations, such as military service or their spouse and family. In the context of family law, it pertains to a spouse who consistently refuses to come back to the shared home, providing the other spouse with valid grounds for divorce. Prior to the introduction of no-fault divorce, this term was frequently utilised in divorce laws.
Obstinate desertion is the intentional and unjustified abandonment of one’s duties or obligations, such as military service or commitment to a spouse or family. It can lead to divorce if one spouse persistently refuses to return to the marital home. For example, a soldier who leaves their post without permission and does not return is guilty of desertion, and a spouse who leaves the marital home and refuses to return despite pleas is guilty of obstinate desertion. These examples demonstrate how obstinate desertion involves a deliberate and unjustified abandonment of responsibilities, whether to one’s country or family. It is a serious breach of trust and can have legal consequences, including divorce proceedings.
Obstinate desertion refers to the intentional and prolonged abandonment of a spouse without any reasonable cause or justification.
Yes, obstinate desertion is recognized as a legal ground for divorce in many jurisdictions. It allows the abandoned spouse to seek a divorce based on the other spouse’s willful and continuous absence.
The duration of obstinate desertion varies depending on the jurisdiction. In some places, it may be as short as six months, while in others, it could be a year or more.
To establish obstinate desertion, the absence must be continuous and intentional. Occasional contact may weaken the claim, but it ultimately depends on the specific circumstances and the laws of your jurisdiction.
In many jurisdictions, the abandoned spouse may be entitled to seek financial support from the deserting spouse during the period of obstinate desertion. However, the availability and extent of such support may vary depending on the specific laws in your jurisdiction.
If your spouse is incarcerated, it may not be considered obstinate desertion as they are physically unable to be present. However, you may still be able to pursue other grounds for divorce, such as imprisonment or irretrievable breakdown of the marriage.
Evidence of obstinate desertion can be considered by the court when determining child custody arrangements. However, the court’s primary concern will always be the best interests of the children, and other factors will also be taken into account.
In some jurisdictions, it may be possible to seek compensation for emotional distress caused by obstinate desertion. However, the availability and success of such claims will depend on the specific laws and legal remedies available in your jurisdiction.
Once a divorce is finalized, you are generally free to remarry. However, it is essential to consult with a lawyer to understand any waiting periods or legal requirements that may apply in your jurisdiction.
If you are accused of obstinate desertion, it is crucial to seek legal advice and present evidence to counter the allegations. A skilled attorney can help you build a defence strategy based on the specific circumstances of your case.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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