To seek a divorce on the grounds of desertion, certain criteria must be met, which are as follows:
- Voluntary Desertion:
The desertion must be voluntary, meaning that it should be a deliberate act of one spouse abandoning the other. Mere physical separation or living apart without the intention to abandon the marriage may not be considered as desertion. - Absence of Consent:
The desertion must be without the consent of the other spouse. If both spouses mutually agree to live apart or there is an understanding between them regarding separation, it may not qualify as desertion. - Continuous Desertion:
There must be a continuous and uninterrupted period of desertion for a specified period. The duration of desertion required varies from jurisdiction to jurisdiction. In general, the period ranges from one to two years or more, depending on the laws applicable in the specific jurisdiction. - No Reasonable Cause:
The desertion must be without any reasonable cause or justification. If the spouse seeking divorce can prove that there was no valid reason for the deserting spouse to abandon the marriage, it strengthens the case for divorce.
It is important to note that the burden of proof lies with the spouse seeking a divorce on the grounds of desertion. They must provide sufficient evidence to establish that the desertion took place and meets the legal requirements outlined above. Evidence may include testimonies, witnesses, communications, or any other relevant documentation.
Additionally, it is advisable to consult with a qualified family law attorney who can provide specific guidance based on the applicable laws and jurisdiction, as divorce laws can vary depending on the region and legal system in place.