Also known as: wilful desertion · desertion
Written by attorneys · grounded in primary & secondary sources — see below
A ground for divorce consisting of one spouse's unjustified departure from the marital home with the intent not to return and without the consent of the other spouse. The elements include cessation of cohabitation, lack of intent to return, absence of consent by the remaining spouse, and lack of legal justification for the departure. Persistent refusal of reasonable matrimonial intercourse without health reasons also constitutes willful desertion under some statutes.
Winter Wolfe left the marital home shortly after the birth of their child and provided no support or contact for six months. When the other parent petitioned for adoption by a third party, the court found Winter's conduct amounted to willful desertion. Because the departure lacked justification and showed no intent to return, the court waived the requirement of consent after notice and hearing.
Wren Wallace moved out of the home and filed for divorce alleging irretrievable breakdown after eight months of separation. The other spouse countered that the departure constituted willful desertion because it occurred without consent and with no intent to resume cohabitation. The court examined whether the absence met the statutory elements before granting dissolution.
Select any source to read its text and confirm it supports the definition.
Walter Washington endured repeated physical abuse and left the marital home. The remaining spouse sought divorce on grounds of willful desertion. The court denied the claim because the abuse supplied legal justification for the departure, removing any finding of willful desertion.
Winston Ward left the marital home and lived elsewhere for over a year while occasionally returning for meals. The remaining spouse argued the returns did not negate willful desertion. The court focused on whether separate residences had been maintained and whether intent to return permanently existed.
Wren Wright refused all marital relations for more than two years without medical justification. The other spouse filed for divorce alleging willful desertion under the statute that treats persistent refusal of intercourse as desertion. The court evaluated whether the refusal met the statutory definition after hearing the evidence.
Wesley Wong moved out and petitioned for dissolution alleging irretrievable breakdown after living apart for more than 180 days. The other spouse raised willful desertion as a defense. The court held that the no-fault statute allowed dissolution based on the separation period without requiring proof of fault grounds such as desertion.
The elements are that cohabitation has ended, the departing spouse has no intent to return, the remaining spouse did not consent to the absence, and no legal justification such as abuse exists for the departure. Some statutes also treat persistent refusal of reasonable marital relations without health reasons as willful desertion.
No. When the departing spouse proves that abuse by the other spouse provoked the departure, the conduct supplies legal justification. Courts therefore deny a divorce claim based on willful desertion because the absence was not without legal fault.
Yes. When a biological parent has deserted the child, a court may find that withholding consent is unreasonable and contrary to the child's best interest. After notice and a hearing, the court may waive the consent requirement and allow the adoption to proceed.
…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…