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Legal Terms - desertion
1. The failure by a married person to cohabit with his or her spouse. Desertion typically manifests as physically leaving the house, but this is not a requirement; desertion can occur even while both people reside in the same house if all aspects of a shared life, such as having sex and sharing meals, have stopped. In order to be considered desertion, one spouse must act unilaterally against the other's preferences with the goal of ending the marriage (animus deserendi). Previously, desertion could be used to prove that a marriage had irretrievably failed and entitled the deserted spouse to a judgment of *divorce if it continued for more than two years. According to the Divorce, Dissolution and Separation Act of 2020, no such proof is needed.
2. A violation of the Armed Forces Act of 2006 committed by an individual under *service law who is absent without leave, plans to stay away from leave indefinitely, or wants to avoid serving time in active duty.
1. The failure by a married person to cohabit with his or her spouse. Desertion typically manifests as physically leaving the house, but this is not a requirement; desertion can occur even while both people reside in the same house if all aspects of a shared life, such as having sex and sharing meals, have stopped. In order to be considered desertion, one spouse must act unilaterally against the other's preferences with the goal of ending the marriage (animus deserendi). Previously, desertion could be used to prove that a marriage had irretrievably failed and entitled the deserted spouse to a judgment of *divorce if it continued for more than two years. According to the Divorce, Dissolution and Separation Act of 2020, no such proof is needed.
2. A violation of the Armed Forces Act of 2006 committed by an individual under *service law who is absent without leave, plans to stay away from leave indefinitely, or wants to avoid serving time in active duty.
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