CONSTRUCTIVE DESERTION
The end of marital COHABITATION brought about when one spouse, by his or her conduct, forces the other to leave home.
Constructive desertion takes place when a husband or wife intentionally forces the inno-
cent spouse to leave the marital dwelling by acting in an offensive manner. The misconduct
must be so extensive as to make marital relations insufferable.
Authority is divided on what constitutes jus-
tification for leaving the marital abode. The nar-
row view is that only conduct that would be
grounds for DIVORCE is adequate. In application
of this view, cruelty, nonsupport, ADULTERY,or
other divorce grounds must be proved before
the innocence of the fleeing spouse can be estab-
lished. Stringent requirements limit the doc-
trine; in some states a mere unjustified refusal to
have sexual relations with one’s spouse for a cer-
tain length of time constitutes constructive
desertion. Similarly, if one spouse communi-
cates venereal disease to the mate, this might
constitute constructive desertion. The prolonged
nagging or drunkenness of a spouse is not ordinarily viewed as misconduct that would
justify marital dissolution based upon constructive
desertion.
