WHAT IS MEANT BY “DESERTION”?
You must prove that your spouse left you and did not return for a period of one (1) year. The one-year period may include the time during which your case was pending. You must also prove that such leaving was without cause or provocation on your part and that you would have allowed your spouse to return within one (1) year of his/her leaving. If your spouse forced you to leave by evicting you, for example, you may be able to allege “constructive desertion” as a ground.
