Desertion

There are two types of Desertion:

(1) Actual. Actual desertion occurs when the deserting spouse actually throws the other spouse out of the marital home or leaves it himself or herself

(2) Constructive. Constructive desertion occurs when a spouse is forced to leave the home for the protection of their own safety, health, and self-respect. The following are some examples of constructive desertion:

(a) One spouse is cruel or acts in a way that is intolerable toward the other spouse
(b) Any and all sexual relations between the spouses have ceased for a period of 12 months
(c) One spouse refuses to maintain a separate home from parents or other relatives
(d) Abnormal sexual demands by either spouse
(e) One spouse pays more attention to the opposite sex than to the spouse
(f) One spouse makes baseless claims of infidelity
(g) A persistent occurrence of homosexuality

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