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.
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