The end of maritalcohabitationbrought 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 innocent 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 justification for leaving the marital abode. The narrow 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 established. Stringent requirements limit the doctrine; in some states a mere unjustified refusal to have sexual relations with one's spouse for a certain length of time constitutes constructive desertion. Similarly, if one spouse communicates 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.
"Constructive Desertion." West's Encyclopedia of American Law. . Encyclopedia.com. (August 19, 2019). https://www.encyclopedia.com/law/encyclopedias-almanacs-transcripts-and-maps/constructive-desertion
"Constructive Desertion." West's Encyclopedia of American Law. . Retrieved August 19, 2019 from Encyclopedia.com: https://www.encyclopedia.com/law/encyclopedias-almanacs-transcripts-and-maps/constructive-desertion
Encyclopedia.com gives you the ability to cite reference entries and articles according to common styles from the Modern Language Association (MLA), The Chicago Manual of Style, and the American Psychological Association (APA).
Within the “Cite this article” tool, pick a style to see how all available information looks when formatted according to that style. Then, copy and paste the text into your bibliography or works cited list.
Because each style has its own formatting nuances that evolve over time and not all information is available for every reference entry or article, Encyclopedia.com cannot guarantee each citation it generates. Therefore, it’s best to use Encyclopedia.com citations as a starting point before checking the style against your school or publication’s requirements and the most-recent information available at these sites:
Modern Language Association
The Chicago Manual of Style
American Psychological Association
- Most online reference entries and articles do not have page numbers. Therefore, that information is unavailable for most Encyclopedia.com content. However, the date of retrieval is often important. Refer to each style’s convention regarding the best way to format page numbers and retrieval dates.
- In addition to the MLA, Chicago, and APA styles, your school, university, publication, or institution may have its own requirements for citations. Therefore, be sure to refer to those guidelines when editing your bibliography or works cited list.