A fact that may be used to prove the irretrievable breakdown of a marriage and therefore secure a judgment of divorce.
To establish desertion, the petitioner must show:
- A separation
- An intention to desert by the defendant
- There was no consent to the separation by the plaintiff
- There was no just cause for the defendnat to leave
- The desertion is continuous
- The desertion immediately precedes the date the writ of divorce is filed in court.