Also known as: wilful continued and obstinate desertion · desertion
Written by attorneys · grounded in primary & secondary sources — see below
A fault-based ground for divorce arising when one spouse leaves the marital home without justification and persistently refuses to return. This form of desertion historically supplied grounds for dissolution before no-fault regimes became prevalent. Courts required proof that the departure was willful, that the absence continued for a statutory period, and that the deserting spouse remained obstinate in refusing reconciliation.
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Wilma Wright left the marital home shortly after learning of her pregnancy and never returned or contacted her spouse. When the child was placed for adoption, the agency sought to waive the absent parent's consent. The court found the prolonged absence met the standard of willful, continued, and obstinate desertion, allowing the adoption to proceed without that parent's agreement.
William Williams moved out of the family residence and refused all attempts at reconciliation for over a year. His spouse filed for divorce in Virginia alleging desertion. The court granted an absolute divorce on the ground of willful, continued, and obstinate desertion after finding the departure unjustified and the refusal to return persistent.
Wanda Williams was served with divorce papers while briefly visiting California. The petition alleged she had deserted the marital home in New Jersey and refused to return. The court exercised jurisdiction over the nonresident spouse because personal service occurred within the state during the ongoing desertion claim.
Wayne Walker, a service member, left the marital home and deployed overseas without providing support or contact. His spouse sought divorce on fault grounds. The court examined whether the prolonged absence constituted willful, continued, and obstinate desertion despite the military obligations.
Wren Wright left the family home and refused reconciliation, prompting the remaining spouse to seek public assistance. The agency reviewed whether the separation qualified as willful, continued, and obstinate desertion that would affect benefit calculations for the household.
Winona Walsh abandoned the marital home and declined all offers to resume cohabitation. When her fitness for a teaching position was later questioned, the licensing board considered whether the record of willful, continued, and obstinate desertion reflected on her moral character under state standards.
The phrase describes a traditional fault ground requiring proof that one spouse left without justification and persistently refused to return. Modern no-fault statutes allow dissolution based on irretrievable breakdown or a period of separation without assigning blame for the departure. The older standard demanded evidence of willfulness, duration, and obstinacy before a court could grant divorce.
Supporting sources
…grounds of "irreconcilable differences." In October 1987, petitioner filed for divorce in New Jersey state court on grounds of "desertion." Petitioner did not, however, obtain an issuance of summons against his wife and did not attempt to serve her with process. Mrs. Burnham, after unsuccessfully demanding that petitioner…
…of Arlington County, Virginia, entered June 26, 1929, granting petitioner an absolute divorce from respondent upon the ground of desertion, not entitled to recognition in the supreme (now district) court of the District of Columbia. The question arose upon his application to that court to set aside or modify a decree it…
…crime of murder in the first degree is not included in that category, within the meaning of the [Clause]. Soldiers convicted of desertion or other capital military offenses are in the great majority of cases sentenced to be shot, and the ceremony for such occasions is given in great fulness by the writers upon the subject of…
…at 102-103, the Court surveyed international law before determining that forfeiture of citizenship as a punishment for wartime desertion
…as a criminal for addiction to narcotics); Trop v. Dulles , 356 U. S. 86 (1958) (plurality opinion) (expatriation for desertion
Yes. When a biological parent has engaged in willful, continued, and obstinate desertion, courts may treat the withholding of consent as unreasonable and contrary to the child's best interest. The agency must still provide notice and a hearing to the nonconsenting parent before waiver is granted.
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The petitioner must show the departure was intentional and without legal justification, that the absence lasted for the statutory period, and that the deserting spouse has steadfastly refused reconciliation. Occasional visits or communications may defeat the claim if they demonstrate willingness to resume the marriage.
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Recent efforts to reestablish contact and assume parental responsibilities can persuade a court that consent is not unreasonably withheld. When the parent demonstrates timely rehabilitation and requests involvement, waiver of consent may be denied even if earlier conduct suggested abandonment.
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