It is understandable for a deserted spouse to seek a divorce. Desertion is the voluntary departure from the marriage without justification, without consent, and with no intent to return. Desertion is a fault ground for divorce. To obtain a divorce based on a claim of desertion, the spouse seeking the divorce would file a 1B divorce petition with the court. At the hearing, the spouse would need to show that;
- the absent spouse voluntarily left and has been gone for over a year;
- the absent spouse has made no effort to resume cohabitation;
- the absent spouse left without consent; and
- the absent spouse left without justification.
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