Maryland permits an absolute divorce for desertion if it has continued without interruption for twelve months, is deliberate and final and there is no reasonable expectation of reconciliation. There are two types of desertion. Deliberate abandonment occurs when a party without justification ends cohabitation and leaves with the intent to abandon and end the marriage. Deliberate abandonment is relatively easy for Maryland divorce lawyers to prove. Constructive desertion occurs when the conduct of one party forces the other party from the marital home. Constructive desertion cases are typically contested by the parties divorce lawyers.
The conduct for constructive desertion must make it impossible for the non-offending spouse to remain in the martial home with safety, health and self-respect. The conduct typically has to be a persistent and offensive. The Maryland divorce lawyers at RGPH have experience in gathering and presenting evidence to establish desertion and constructive desertion as grounds for a divorce.
Alcoholism, cruelty, abnormal sexual relations, and an unjustified refusal to have sex all can support a finding of a constructive desertion. Nagging, rudeness and jealousy are insufficient to establish a finding of constructive desertion under existing Maryland case law. The family law lawyers at RGPH have all litigated cases involving claims of desertion and constructive desertion.
If you are seeking a divorce for constructive desertion or your spouse is claiming constructive desertion please contact the family law lawyers at Reinstein, Glackin, Patterson & Herriott, LLC at 301-383-1525 to schedule a consultation. The Prince George's County office is located in Bowie, Maryland.
Please call the constructive desertion divorce lawyers at Reinstein, Glackin, Patterson & Herriott, LLC at 301-383-1525 to schedule a consultation at the Prince George's County offices in Bowie, Maryland. RGPH's Maryland divorce lawyers handle matters in Prince George's, Anne Arundel, Howard, Montgomery, Calvert, Charles and St. Mary's Counties.