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Definition Desertion - one of several grounds for fault divorce in many states.

Application in Divorce Desertion is not the same as separating in preparation for a divorce.

As a ground for divorce, desertion means the abandonment of marital cohabitation by either the husband or the wife, with a refusal of the duties and obligations of marriage and the intent to abandon or forsake marital relations.

Desertion is a difficult route to divorce, and like adultery is not much used.

Most states require that the plaintiff prove 1) the defendant left the marital home for more than one year 2) without the agreement of the spouse, 3) failed to pay support and that 4) the reason for the departure was not caused by the plaintiff.

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