The word desertion almost always has negative connotations. One of the grounds for a fault divorce, for example, is desertion. Under some circumstances, however, leaving or deserting a marriage may be justified and presented as grounds for divorce. Such is the case with constructive desertion.
Spouses are not bound to unhappy marriages. If a marriage poses a threat to a spouse’s physical health, self-respect and/or psychological and emotional well-being, you have a legal right to move out and initiate dissolution of your marriage. Constructive divorces are especially an option for victims of abuse.
When seeking a divorce by means of constructive desertion, the spouse who left must show that his or her partner indulged in a pattern of behavior that was detrimental to his or her health and well-being. And that it was this abusive behavior, endured over a period of time, that compelled the person to leave.
Physically moving away from an abusive spouse is legal and may be one way of getting out of an unhappy and potentially explosive domestic situation. It can also be a way to initiate a limited divorcewhereby a spouse may legally receive financial support while taking further steps to dissolve a marriage, which can be a long and drawn-out process.
In other words, if you are a victim of abuse, you have options. But one of the most important steps you can take is to seek help from a knowledgeable and experienced Maryland family law attorney as soon as possible. Call Huesman, Jones and Miles at our Hunt Valley office today at (443) 589-0150 to schedule a consultation with one of our reputable Baltimore County divorce lawyers or contact us online.