Constructive Desertion in a Divorce in Maryland

Constructive Desertion is grounds for both a limited or absolute divorce in Maryland. The elements of a constructive desertion are the petitioning spouse bringing the separation due to the the respondents misconduct. This misconduct can be proven by showing that they were suffering from cruelty that could be in the form of either physical abuse or any other acts that would affect and impair the petitioners health and making living with their spouse intolerable. The petitioning spouse must show that it was necessary for them to leave in order to maintain their health, safety and self respect. When the petitioning spouse can prove the above listed elements they have shown that the other party has constructively deserted them due to the behavior that they have exerted.

Desertion in a Divorce in Maryland

In a divorce in Maryland desertion can be used as a ground for both an Absolute or Limited Divorce. To prove desertion the party asserting that they have been deserted must show that there has been a physical separation, that this separation has been without the consent and against the will of the spouse asserting that they have been deserted, that the separation is without a justification. If there has been an actual desertion the only defense for the party who has left would be that they have a justification for leaving.