While desertion and abandonment are usually used interchangeably in divorce cases, there is actually a distinction between the two.
“Desertion” is the breach of the duties stemming from being married. First, there must be a break from living together as spouses (“cohabitation”). Second, there must be intent to desert in the mind of the deserter. You must have both to establish desertion. Desertion does not depend on who actually leaves the family home. Desertion can be “constructive,” which is where one spouse commits cruelty toward the other spouse, resulting in the innocent spouse leaving the marital residence. The innocent spouse didn’t desert the marriage by leaving, he/she left due to the bad acts of the other spouse.
“Abandonment” is when there is evidence to show that ” a person has left his or her spouse or his or her child(ren) in a destitute or necessitous circumstances, or has contributed nothing to their support for a period of thirty days prior or subsequent either or both to his or her departure…”
Written By Kellam T. Parks
Kellam founded what is now Parks Zeigler, PLLC in 2012 to embrace modern technologies to best serve clients. This passion for technology led to the formation of the Cybersecurity/Data Privacy practice area making the firm a leader in helping businesses protect themselves and respond to incidents. When he’s not practicing law in this area and handling high-asset divorces, Kellam manages the firm with his co-owner, Brandon Zeigler, contributes to local and state-wide Bar associations, and frequently writes and speaks to audiences across a variety of sectors and geographic locations, including nationally on the topics of Cybersecurity/Data Privacy, digital evidence, law firm management, and technology/AI.
