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FallenFairy · 02-16-2006, 06:19 AM

Yesman- abandonment in a marriage in PA constitutes the following:
For all practical purposes, desertion and abandonment are one and the same. .There are two elements that have to be present in order to constitute desertion: the willful desire or the intent to desert and the cutting off of the marital relationship. In Pennsylvania, the abandonment has:
continued for 12 uninterrupted months;
must be deliberate and final;
beyond any reasonable expectation of reconciliation.
There are two types of desertion-actual desertion and constructive desertion.
Actual is when your spouse packs bags, books, and toothpaste, walks out the door, moves into another abode, and stays there, he or she is guilty of actual desertion. The spouse voluntarily leaves and has no plans to return except perhaps to pick up a forgotten belonging.
ConstructiveIf your spouse's behavior is so cruel that you find yourself dialing suicide prevention, you can leave and charge your spouse with constructive desertion. Constructive desertion is basically defined as one person leaving the relationship-not necessarily the home. nonperformance of other marital duties as to practically destroy the home life. The denial of sex alone does not constitute desertion. The spouse also has to stop carrying out the mutual responsibilities of the marital relationship. engagind in conduct that endangers a spouse's life, safety, health, and even self-respect (although an isolated assault or two will not necessarily constitute cruelty unless the act was particularly severe and atrocious).

More info obtained concerning PA Law @ http://www.divorcelawinfo.com

I hope this helps....unfortunately I do have some experience on this topic... if you need more info you can PM me.

02-16-2006, 06:19 AM	#240
FallenFairy nope Join Date: Jan 2006 Posts: 322	Yesman- abandonment in a marriage in PA constitutes the following: For all practical purposes, desertion and abandonment are one and the same. .There are two elements that have to be present in order to constitute desertion: the willful desire or the intent to desert and the cutting off of the marital relationship. In Pennsylvania, the abandonment has: continued for 12 uninterrupted months; must be deliberate and final; beyond any reasonable expectation of reconciliation. There are two types of desertion-actual desertion and constructive desertion. Actual is when your spouse packs bags, books, and toothpaste, walks out the door, moves into another abode, and stays there, he or she is guilty of actual desertion. The spouse voluntarily leaves and has no plans to return except perhaps to pick up a forgotten belonging. ConstructiveIf your spouse's behavior is so cruel that you find yourself dialing suicide prevention, you can leave and charge your spouse with constructive desertion. Constructive desertion is basically defined as one person leaving the relationship-not necessarily the home. nonperformance of other marital duties as to practically destroy the home life. The denial of sex alone does not constitute desertion. The spouse also has to stop carrying out the mutual responsibilities of the marital relationship. engagind in conduct that endangers a spouse's life, safety, health, and even self-respect (although an isolated assault or two will not necessarily constitute cruelty unless the act was particularly severe and atrocious). More info obtained concerning PA Law @ http://www.divorcelawinfo.com I hope this helps....unfortunately I do have some experience on this topic... if you need more info you can PM me. __________________ ~going, going... gone now Last edited by FallenFairy; 02-16-2006 at 07:50 AM. Reason: canot type! Thanks to L for noticing the mistake in the url.