Desertion is a term commonly used in military, legal, and familial contexts to describe the act of abandoning one’s duty, obligations, or responsibilities without permission or justification. In a military context, desertion refers to a soldier leaving their post or unit without authorization, often in violation of military law. In legal terms, desertion may also refer to the abandonment of marital duties or obligations by one spouse without the consent of the other, which can be grounds for divorce or legal separation in some jurisdictions. Similarly, in familial contexts, desertion may involve the abandonment of parental responsibilities or the act of abandoning a child. Desertion is generally considered a serious offense or breach of trust, and it may carry legal or social consequences depending on the circumstances and jurisdiction involved.
n. the act of abandoning, particularly leaving one’s spouse and/or children without an intent to return. In desertion cases it is often expected that a deserter who is the family breadwinner may not intend to support the family he/she left. Such conduct is less significant legally in the present era of no-fault divorce and standardized rights to child support and alimony (spousal support). Desertion can influence a court in determining visitation, custody and other post-marital issues.
The voluntary abandonment of one spouse by the other, without the abandoned spouse’s consent. Commonly, desertion occurs when a spouse leaves the marital home for a specified length of time. Desertion is a grounds for divorce in states with fault divorce.
Desertion refers to the act of abandoning or leaving without permission, often with the intent to permanently separate oneself from duties, responsibilities, or obligations.
Desertion can be categorised into both military desertion, where a member of the armed forces abandons their post or duty without authorisation, and spousal desertion, where a spouse leaves their partner and family without justification or consent.
In certain contexts, such as military service or marriage, desertion can have legal consequences. Military desertion, for example, is considered a serious offence under military law and may result in disciplinary action or criminal charges.
Some of the consequences of military desertion include disciplinary actions such as confinement, reduction in rank, dishonourable discharge, or, in extreme cases, court-martial and imprisonment.
In family law, spousal desertion may be grounds for legal separation, divorce, or dissolution of marriage. The deserted spouse may also seek remedies such as alimony, child custody, and division of marital assets.
Spousal desertion typically involves one spouse leaving the marital home and ceasing to fulfil marital duties without justification or consent, often with the intent to permanently separate from the marriage.
In some cases, desertion may be justified if there are compelling reasons, such as fear for one’s safety or well-being. However, justification for desertion would depend on the specific circumstances and applicable laws.
A deserted spouse can protect their rights by seeking legal advice, documenting the desertion, and taking appropriate legal action, such as filing for divorce, seeking temporary custody or support orders, or pursuing remedies available under family law.
Yes, desertion may affect child custody and support arrangements, as courts consider factors such as the stability of each parent’s living situation, ability to provide care, and willingness to maintain a relationship with the child.
In some jurisdictions, desertion may be grounds for annulment of marriage if it meets certain criteria, such as prolonged absence without communication or support. However, laws regarding annulment vary by jurisdiction, and legal advice should be sought.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March, 2024.
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