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Simple English definitions for legal terms
willful, continued, and obstinate desertion
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A quick definition of willful, continued, and obstinate desertion:
Desertion is when someone leaves their duties or responsibilities without a good reason. This can happen in the military or when a spouse leaves their family. In family law, spousal desertion has five parts: when one spouse stops living with the other, when a certain amount of time passes, when the leaving spouse intends to abandon the other, when the abandoned spouse did not agree to the leaving, and when there was no bad behavior from the abandoned spouse. Constructive desertion is when one spouse's bad behavior forces the other to leave. Criminal desertion is when one spouse does not take care of the other when they are sick or in need. Obstinate desertion is when one spouse refuses to come back home, which can lead to divorce.
A more thorough explanation:
Willful, continued, and obstinate desertion refers to the intentional and prolonged abandonment of one's duties or obligations, particularly in military service or to a spouse or family member. In family law, spousal desertion involves five elements: cessation of cohabitation, lapse of a statutory period, intention to abandon, lack of consent from the abandoned spouse, and absence of spousal misconduct that could justify the abandonment. This type of desertion is also known as gross neglect of duty.
Examples:
- Constructive desertion occurs when one spouse's misconduct forces the other spouse to leave the marital home. The offending spouse's actions must be serious enough that the other spouse finds it necessary to seek safety outside the home.
- Criminal desertion happens when one spouse willfully fails to provide care, protection, or support to the other spouse who is in ill health or needy circumstances.
- Obstinate desertion is when a spouse persistently refuses to return to the marital home, giving the other spouse grounds for divorce. This term was commonly used in divorce statutes before the advent of no-fault divorce.
These examples illustrate how willful, continued, and obstinate desertion can take different forms and have varying legal implications. They also show how desertion can affect the well-being and safety of the abandoned spouse and may lead to divorce or other legal actions.