what is dissertation in divorce

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Desertion is willful abandonment of a person's duties or obligations , especially to a spouse or child. Some common uses of the term desertion in a legal sense include:

• Desertion is a ground for divorce in states with fault divorce . In the context of divorce, cases such as this one from Virginia explain that “Desertion occurs when one spouse breaks off marital cohabitation with the intent to remain apart permanently, without the consent and against the will of the other spouse.”
• As explained in this case from Georgia , the term “desertion” as an element in the offense of abandonment of a child, means “the willful forsaking and desertion of the duties of parenthood.”
• Desertion can also be the basis for a court to grant an adoption where a parent has deserted a child for a specified period of time. Cases such as this one from Oregon , explain that the term desertion as used in the context of the statute permitting adoption, means  parental conduct which indicates an intention to desert all parental duties and parental rights in the child. 

[Last updated in July of 2021 by the Wex Definitions Team ]

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The Divorce, Dissolution and Separation Act 2020: Implications for Family Lawyers in England and Wales

This dissertation will consider the arguments surrounding the introduction of no-fault divorce in England and Wales with a view to exploring the practical implications faced by family practitioners. The study proposes five themes. The first is an analysis of the new legislation in order to critically evaluate key features including the commencement of the requisite notice period, the timing of assertions of irretrievable breakdown and the anomaly associated with the death of a party before reaching financial settlement. Secondly, it considers the discussion around the effects of no-fault divorce on divorce rates and concludes that although an initial spike in divorce rates is to be expected, family practitioners will ultimately experience a levelling out in divorce work. Thirdly, this dissertation will explore the evolving role of the family lawyer highlighting the requirement for a clear and comprehensive alternative to adversarial practice. It is also contended that a multi-disciplinary approach should be encouraged whereby lawyers make referrals to community-based provisions through the establishment of a network of family services. Fourthly, although this dissertation supports the estimation that hostility cannot be eliminated from the divorce procedure without financial provision reform, the importance of proper consideration of any such reforms is emphasised. The fifth theme that will be considered is the projected demand for legal advice following the enactment of the new law. This dissertation identifies key areas in which family practitioners should exercise preparation including the anticipation of implementation costs, the development of strategies by which to tackle any long-term reductions in demand, and similarly, to cope with a preliminary spike in divorce cases.

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How to use desertion as the grounds for divorce in England and Wales

What does ‘desertion’ mean when it comes to divorce? Desertion in English and Welsh law is defined as one person in the marriage deserting the other for a continuous period of at least two years. […]

No-fault divorce was introduced in England and Wales on the 6th of April 2022 which removes the need to choose one of the five facts to support the 'irretrievable' breakdown of a marriage. All the information below is applicable to the previous system, and divorces that were issued before the 6th of April 2022.

You can read more about this change in our no-fault divorce guide

What is desertion in divorce uk?

Desertion in English and Welsh law is defined as one person in the marriage deserting the other for a continuous period of at least two years . This basically means that one person has left the other without agreement or for a good reason.

Desertion can't be used in Scotland or Ireland as a reason to divorce.

How do you ‘prove’ that you’ve been deserted?

Desertion is rarely used because it can be hard to prove as it relies on proving the intent to 'desert' was there. You must provide proof that there was mental intent to divorce throughout the two years. This is tricky to do and is one of the reasons why most people tend to use either two years separation, five years separation or unreasonable behaviour as the fact to rely on for divorce/dissolution. Here’s a quick breakdown of these reasons so you can see if they are more relevant to you:

• You can use Two years separation with consent as the 'fact' or 'grounds for divorce' if you both agree that the marriage has broken down without any chance of repair and you have been separated for two years.
• Five years separation can be used if you’ve been separated for five years. The difference with this one is that you can start proceedings without the other person agreeing to the divorce, as this grounds for divorce doesn’t rely on consent.
• Adultery can be used as the 'fact' or 'grounds for divorce' if one person in a marriage has sexual intercourse with someone of opposite sex. However, the one who has committed the adultery must agree to using this as the grounds for divorce.
• Unreasonable Behaviour can be used as the reason for a divorce if the behaviour has negatively affected the other person in such a way that the marriage can’t recover. For example, verbal abuse, lack of emotional support or limited socialising as a couple.

If you 're looking for more examples of unreasonable behaviour, read our blog on using unreasonable behaviour as a 'fact' or ' grounds for divorce '.

Do I need the other person’s permission to start the divorce process?

No, you can start proceedings without the consent of your ex, however, as desertion is difficult to prove, it may be worth choosing unreasonable behaviour or if you’ve been separated for more than five years, using five years separation .

What if I’m not in touch with my ex?**

If you have an address for your ex you can start proceedings. If you don’t know where your ex is and can’t get in touch with them at all, not even online etc, the courts will want to see that you have attempted to get in contact with them. Get in touch for more advice on this part by booking a free 15-minute call with one of our experts here .

How does desertion affect the divorce/dissolution paperwork.

The petition:.

If desertion is used as the grounds for divorce/dissolution, then the petitioner (the person filing for divorce) must include a short statement providing the circumstances and the date that their spouse / civil partner left without their consent.

The acknowledgement of service:

The respondent (the person responding to the petition) can choose to defend the divorce on this form, if they do not agree with desertion being used as the 'fact' or 'grounds for divorce'.

The decree nisi:

The decree nisi is comprised of the D84 and D80 form. If you have used desertion, the D84 form is the same regardless of the grounds, however, the D80 form changes. For desertion, it’s the D80 C form.

The decree absolute:

The final stage of the divorce is the decree absolute and does not change depending on the 'fact' used. Read our blog on the decree absolute for more information about this.

What qualifies spousal abandonment?

Desertion is hard to prove, but if your ex has left you without your agreement for a period of at least two years then you may be entitled to use desertion as your 'fact' or 'grounds for divorce/dissolution. As desertion is hard to prove, it may be better to use unreasonable behaviour.

How long is desertion in marriage?

To use desertion as a 'grounds for divorce', your partner must have left without your consent for at least a two year period.

Does moving out affect divorce?

If you move out, your ex could use this as an example of unreasonable behaviour and vice versa. This alone doesn’t necessarily have a bearing on the divorce, however coupled with further unreasonable behaviour points it could.

For more advice on using desertion as the grounds for divorce, book a free 15-minute call with one of our experts here .

Hannah Hodgkinson was Head of Marketing at amicable. Hannah has over six years experience working for global NGOs and private consultancies and has a passion for marketing for companies with a social purpose.

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Comments ( 9 )

Divorce based on desertition my (ex) wife left me 10 years ago to return to South Africa. We have had no contact & she has taken all documentation with her. How do I final for a divorce

Hi Brian, you can use five years separation or desertion as the reason for the divorce. If you do not have an address for your ex you will have to fill out some more paperwork to prove to the court that you have tried every means necessary to contact your ex. You will also need a marriage certificate. If you don’t have an original you can order a new one via the government website. Feel free to contact us if you need any more assistance – 0203 004 4695.

My husband left me July 2017. When I tried to file for divorce, the website suggests it should be 2 years ( which is not in my case). Do I have to wait another 8 months until July 2019 to be able to file for a divorce?

Me and my husband have no contact whatsoever, he left in 2013 , 10 months later I found out through mutual friend that he has got married in Indonesia as law there allows multiple marriage. We have child together who does not even know him as he was only 10 months when he left. I ve been trying to get divorce on adultery grounds.Unfortunately court did not accept it as there was not enough evidence. Now I am trying to amend divorce petition but a I am stuck as I don’t know what reason should I use.Desertation? Or 5 years separation?just to add that I have applied for divorce in 2016 so even tho there is 5 years from the day he left there is only 2,5 years since application was made.

Hi I’ve been separated from my husband since 2015. I cant find him so don’t know how to go about getting a divorce. He’s not on the electoral role and nobody will tell me where he’s living. How do I go about doing a private divorce myself through the courts if I can’t find him. Can you please advise

Thanks for sharing these tips! I am sure your tips really helpful!

Hi Hanna I was married 3 ago in Antigua, it is not legally registered in U.K. I live in Spain. My wife returned to U.K. 2 weeks ago. I have informed her the marriage is over. All assets are in my name, she has never played 1 penny towards anything in our time together. 1. Can she divorce on grounds of desertion? 2. She is asking for £10,000 for each year of marriage. Is that a reasonable amount considering the financial backround? She says that is the legal advice she has been given. Vince

Currently, me and my ex separate since March 2019. I try to contact her few times for an agreement, however, I can't receive any her response. And she does not tell me her current address. So how can I apply divorce, unreasonable behaviour or wait for until 2 years separation.

Hi me and my has been separated for 1year now and suddenly she moved out of the country to EU country and I don't have any of her address I tried to reach out in chat to know where she is but she wouldn't say anything of her where about and my children How can I filled a positive divorce petition?

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What Is Desertion in Marriage & 5 Reasons Why It Occurs

The Marriage.com Editorial Team is a group of experienced relationship writers, experts, and mental health professionals. We provide practical and research-backed advice on relationships. Our content is thoroughly reviewed by experts to ensure that we offer high-quality and reliable relationship advice.

In This Article

It is quite well-known that every romantic relationship , especially marriage, is characterized by various phases. After that wonderful honeymoon stage of the marriage or relationship is over , the complexity of marriage starts shining through.

But there is quite a distinct difference in the various consequences or outcomes that can stem from facing difficulties in marriages . There’s the occurrence of desertion in marriage.

Other grave consequences may include a separation between married partners and even divorce.

And although separation and divorce are two commonly heard concepts, what is desertion in marriage? What are the causes of desertion in marriage? Are there signs? What are the distinct differences between separation and desertion?

These are probably the most commonly asked questions regarding desertion in marriage.

If you want to learn more about desertion in marriage and other important concepts under desertion in marriage, just read on!

Desertion in marriage: What does it mean?

So, what does desertion mean in a marriage? Having a clear understanding of the concept of desertion in marriages is a great place to start.

Once you understand the legal meaning of desertion in marriages, it will be easier to grasp the other concepts related to desertion.

When a married individual wilfully abandons their obligations or duties, especially to their significant other (the partner married to them) or their child, it is called desertion in marriage.

Although every state or country has its definition of the concept of desertion in marriage, the aforementioned definition is a good general outline of the concept.

So, desertion by husband or wife happens when either one of the spouses leaves their family home and the relationship without letting their partner know about this . It happens suddenly and without the consent of the other spouse.

What further complicates the concept of desertion in marriages is the involvement of children in that marriage. Some states can charge the partner who has deserted the marriage with criminal abandonment.

If the spouse is charged with criminal abandonment, their partner can even use this charge as a solid ground for a fault divorce .

The differences between desertion and separation

One of the key differences between separation in marriage and desertion lies in the basic definition of these two terms.

• Desertion happens when one spouse leaves the marriage without consent or without communicating (about leaving) to the partner. Separation is different from desertion in marriage.

In separation, both partners involved in the marriage make a mutual decision about leaving. In separation, even if there isn’t a mutual agreement about leaving, the spouse that intends to leave informs the other partner.

• When it comes to desertion, the partner who has abandoned their significant other and children (if any) and quit their duties and obligations towards the family does not intend to return. 

When it comes to separation, it gets more complicated. Couples who are separating talk about how long they want to be separated. Separation can lead to a divorce , but that’s not the only possible outcome.

A couple may even decide to work on their differences and reunite after separation. When it comes to separation, important matters like childcare, finances, etc., are also discussed between married partners.

• Another significant difference between desertion in marriage and separation is the divorce aspect of these concepts. Desertion as a ground for divorce is a likely outcome of desertion if it is criminal desertion.

As already mentioned, divorce can be one of the outcomes of separation but not the only outcome of separation between married couples.

Desertion in marriage: How long is it?

Now that you’re well aware of what desertion is in marriage and how desertion grounds for divorce work, let’s take a look at how desertion lasts.

Desertion is a solid ground for a fault divorce is already mentioned. Divorce is one of the main outcomes of desertion in marriage. However, desertion or abandonment comes with its share of criteria.

Apart from the criteria already mentioned about desertion, another important criterion of desertion is the duration of such abandonment.

A vast majority of states have mandated that the abandonment by the spouse must last for a particular period to be granted desertion divorce. This duration of abandonment varies according to the state.

However, the period of abandonment must be continuous, and it usually varies between one year and five years . However, the most commonly mandated duration is a year.

Apart from the period of separation being continuous or uninterrupted, it is also essential to prove to the court that the abandonment occurred without the knowledge or consent of the spouse that has been abandoned.

The top signs of desertion

The peculiar thing about desertion is that it usually comes out of the blue. It is unexpected and shocking for the spouse and children (if any) if it happens. Therefore, it is quite difficult to be on the lookout for signs of desertion.

However, some definite signs of psychological abandonment can be identified in partners, which may serve as a precursor for desertion.

Let us now take a look at some of the top signs of psychological desertion in marriages. These signs include:

A prominent absence of physical togetherness

An imbalance in the amount of time dedicated to a marriage by the partners is difficult to deal with. If one partner dedicates a lot of their time and attention to the marriage but the other partner doesn’t, there is a prominent lack of physical togetherness.

If a partner feels like their spouse doesn’t care about them or the partner feels lonely or the only one in the marriage, these may all be signs of psychological abandonment.

Denial is a strong indicator of psychological abandonment

If a spouse resorts to denial for dealing with most of their issues, including relationship problems or marriage conflicts , then there is a high possibility that they might be psychologically abandoning their partner.

You feel that your partner is self-centered

If your partner has distanced themselves from you, which may be prominent from the absence of physical togetherness or the rampant usage of denial by your partner, you will begin to feel psychologically abandoned.

This happens because you feel your partner is in their own world, only thinking about themselves.

Silence and one-sided conversations are common

Communication will be another challenge in a marriage lacking any sort of intimacy . The partner who has been psychologically abandoned may feel like they have no one to talk to at all. The conversations may feel one-sided , and the silence may feel never-ending.

5 reasons why desertion occurs in marriages

Let’s take a look at some of the common causes of desertion in marriages:

1. The inability to get divorced in any other way

Although this reason for desertion might sound quite strange, it is possible. Desertion by a wife or husband can occur in situations where it is impossible to get a divorce.

For instance, if an individual is dealing with a partner who is extremely ill and needs constant care, the couple will most likely not be granted divorce by the court . So, in such cases, desertion can occur.

2. It has become impossible for the husband or wife to stay in the marriage

This is a reason for constructive desertion in marriages. If a man has made living situations impossible and torturous for his wife, then his wife can abandon him on the grounds of constructive desertion.

3. Physical cruelty and mental cruelty

Desertion in marriages also occurs if a spouse is being threatened and tortured physically and/or mentally and discussing separating is hence, out of the question.

4. Unforeseen financial issues

If a person who is responsible for financially supporting the family suddenly finds themselves unable to support their family because of unforeseen money problems , they may choose to escape from the situation.

The shame or feelings of inadequacy can push people to behave in unexpected ways.

5. Infidelity

Another popular cause of desertion is an extramarital affair (usually involving the spouse who will abandon the marriage).

How to effectively deal with desertion in marriages

Desertion can be heartbreaking. Check out the ways to deal with desertion:

Don’t blame yourself

When it comes to dealing with desertion in marriages, it is essential not to blame yourself for what has happened. Be patient with yourself.

Practice self-love

Being suddenly abandoned can hurt your self-esteem and confidence . But it isn’t on you. Remember that. Investing precious time in yourself is key. Focus on your own mental and physical health.

Opt for counseling

Apart from taking legal action, a great way to kick start your journey of self-care and self-growth is by opting for counseling. You can begin with counseling, but you can also consider psychotherapy .

Dealing with desertion in marriage is an uphill battle, but you can emerge victorious if you focus on yourself and work on yourself. Consider focusing on your mental health through therapy or counseling , and remember not to blame yourself.

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Fok, Anita Y. L. "Unravelling the riddle of the decision to divorce through the narrative accounts of divorced women." Hong Kong : University of Hong Kong, 1998. http://sunzi.lib.hku.hk/hkuto/record.jsp?B20130545.

Kitching, Ruben Benjamin. "The traumatic experience of divorce and its impact on women." Pretoris : S.n, 2009. http://upetd.up.ac.za/thesis/available/etd-06192009-123711.

Phillips, Christie D. "CALLGOD, a Christ-centered divorce recovery ministry." Theological Research Exchange Network (TREN), 1996. http://www.tren.com.

Willers, Melissa Delores. "Stigmatization of divorced persons: Effects of multiple divorce and gender." CSUSB ScholarWorks, 1993. https://scholarworks.lib.csusb.edu/etd-project/659.

Doziar, Donna R. "The ambiguity of divorce adjustment male and female differences in the divorce process /." Theological Research Exchange Network (TREN), 2006. http://www.tren.com/search.cfm?p074-0071.

Friedman, David Samuel. "Divorce recovery: Effects of a divorce adjustment group." Diss., The University of Arizona, 1987. http://hdl.handle.net/10150/184141.

Hung, Suet-lin Shirley. "Meanings of divorce : a feminist analysis of the narrative accounts of Chinese divorced women in Hong Kong /." Hong Kong : University of Hong Kong, 2002. http://sunzi.lib.hku.hk/hkuto/record.jsp?B24709487.

Lo, Mung-ming Miranda. "Mother's experience of divorce and children's post-divorce adjustment." Hong Kong : University of Hong Kong, 1997. http://sunzi.lib.hku.hk/hkuto/record.jsp?B19470174.

Tougne, Sophie. "L'après-divorce." Toulouse 1, 2001. http://www.theses.fr/2001TOU10023.

Langenbrunner, Mary R. "Divorce Mediation." Digital Commons @ East Tennessee State University, 2003. https://dc.etsu.edu/etsu-works/3494.

Bernard, Julia M. "Divorce Mediation." Digital Commons @ East Tennessee State University, 2019. https://dc.etsu.edu/etsu-works/5798.

Hagemeyer, Stanley. "Coping with divorce effective program methods /." Theological Research Exchange Network (TREN), 1988. http://www.tren.com.

Gotcher, Billy Mack. "A pastor's guide on divorce and remarriage." Theological Research Exchange Network (TREN) Access this title online, 2005. http://www.tren.com.

Lo, Mung-ming Miranda, and 盧夢鳴. "Mother's experience of divorce and children's post-divorce adjustment." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1997. http://hub.hku.hk/bib/B31978344.

Viveiros, Abigail J. "The developmental timing of divorce and adult children's romantic relationship quality /." Diss., CLICK HERE for online access, 2006. http://contentdm.lib.byu.edu/ETD/image/etd1449.pdf.

Fish, Roy. "The economic experiences of fathers before, during, and after divorce /." Columbus, Ohio : Ohio State University, 2006. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1149087178.

Frisby, Brandi N. "Communicative facework in marital dissolution and post-dissolution processes." Morgantown, W. Va. : [West Virginia University Libraries], 2010. http://hdl.handle.net/10450/11241.

Krolczyk, Brian J. "Evaluating mandatory parent education for divorcing couples with children." Morgantown, W. Va. : [West Virginia University Libraries], 2000. http://etd.wvu.edu/templates/showETD.cfm?recnum=1757.

Goode, Stephen. "Children and divorce : a study of Divorce Court supervision orders." Thesis, University of Nottingham, 1988. http://eprints.nottingham.ac.uk/13332/.

Ruiz, Vallejo Herney Fernando. "La separación conyugal en Colombia, 1951-2015: geografías y biografías en clave de género." Doctoral thesis, Universitat Autònoma de Barcelona, 2018. http://hdl.handle.net/10803/666674.

Carpenter, Lindsay Rae. "Influences of childhood parental divorce on adult children's perceptions of marriage and divorce." Oxford, Ohio : Miami University, 2009. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=miami1260490952.

Haddad, Lisa M. "High Conflict Divorce." Digital Commons @ East Tennessee State University, 2017. https://dc.etsu.edu/etsu-works/8381.

Disque, J. Graham. "Coping with Divorce." Digital Commons @ East Tennessee State University, 1998. https://dc.etsu.edu/etsu-works/2845.

Langenbrunner, Mary R. "Children & Divorce." Digital Commons @ East Tennessee State University, 2008. https://dc.etsu.edu/etsu-works/3487.

Langenbrunner, Mary R. "When Families Divorce." Digital Commons @ East Tennessee State University, 2004. https://dc.etsu.edu/etsu-works/3490.

Buckner, Brenda Sullivan. "Litigation Subsequent to a Mandated Psycho-Educational Seminar for Divorcing Parents." Thesis, University of North Texas, 1997. https://digital.library.unt.edu/ark:/67531/metadc278006/.

Tang, Qiaomei. "Divorce and the Divorced Woman in Early Medieval China (First Through Six Century)." Thesis, Harvard University, 2016. http://nrs.harvard.edu/urn-3:HUL.InstRepos:33493331.

Fishman, Jonathan L. "Young adults' assimilation of parental divorce a developmental elaboration of the assimilation model /." Oxford, Ohio : Miami University, 2009. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=miami1240597649.

Chan, Wai-ki Kenneth. "Divorce and children identity : how the process of divorce affects children's identity /." Hong Kong : University of Hong Kong, 2000. http://sunzi.lib.hku.hk/hkuto/record.jsp?B22331669.

Pederstuen, Margaret E. "Family structures and young adults' perception of effects and additional causes." Online version, 1999. http://www.uwstout.edu/lib/thesis/1999/1999pederstuenm.pdf.

Henderson, Don M. "A study of the effects of divorce on children." Theological Research Exchange Network (TREN), 1996. http://www.tren.com.

Ignatius, Catherine. "Divorce and adolescent psychosocial development." Theological Research Exchange Network (TREN), 1987. http://www.tren.com.

Khalaf, Chrystelle. "The Effect of Divorce Law Change on Divorce Rates: A New Perspective." NCSU, 2010. http://www.lib.ncsu.edu/theses/available/etd-03302010-161314/.

Chan, Wai-ki Kenneth, and 陳偉基. "Divorce and children identity: how the process of divorce affects children's identity." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2000. http://hub.hku.hk/bib/B3125083X.

Ruble, Stacy Marker. "Relationship paradigms and parental divorce : investigating the experiences of adult children from divorced families /." Thesis, This resource online, 1996. http://scholar.lib.vt.edu/theses/available/etd-09182008-063222/.

Grubbs, Jerianne C. (Jerianne Christina). "Parents' Divorce Affect upon Children: Mothers' Perceptions." Thesis, University of North Texas, 1995. https://digital.library.unt.edu/ark:/67531/metadc278241/.

Monahan, Andrea L. "Power in divorce mediation." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0023/MQ33498.pdf.

GORIN, MICHELLE CHRISTOF. "PARENTING IN POST-DIVORCE." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2015. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=26096@1.

Cho, Kam-fung. "The impact of parental divorce on adolescents' perception of heterosexual relationship." Hong Kong : University of Hong Kong, 1996. http://sunzi.lib.hku.hk/hkuto/record.jsp?B1947054X.

Mahl, David Armin. "The influence of parental divorce on the romantic relationship beliefs of young adults /." Digital version accessible at:, 2000. http://wwwlib.umi.com/cr/utexas/main.

Brooklyn, Bridget. "Something old, something new : divorce and divorce law in South Australia, 1859-1918." Title page, contents and summary only, 1988. http://web4.library.adelaide.edu.au/theses/09PH/09phb872.pdf.

McKee, J. Gilman. "Pastoral ministry to grade-school children of divorce." Theological Research Exchange Network (TREN), 1996. http://www.tren.com.

Barthelet, Bernadette. "Les conséquences du divorce à l'égard des enfants." Lyon 3, 1986. http://www.theses.fr/1986LYO33100.

Peckman, Paul H. "Internal and external factors that hinder or help effective ministry to divorced Lutherans why they stay away/what we can do to bring them in /." Theological Research Exchange Network (TREN), 1994. http://www.tren.com.

Shipman, Vivian Riley. "The church's ministry to the divorced." Theological Research Exchange Network (TREN), 1999. http://www.tren.com.

Krumrei, Elizabeth J. "A longitudinal analysis of the role of religious appraisals and religious coping in adults' adjustment to divorce." Bowling Green, Ohio : Bowling Green State University, 2009. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=bgsu1214251298.

Fok, Anita Y. L., and 霍玉蓮. "Unravelling the riddle of the decision to divorce through the narrative accounts of divorced women." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1998. http://hub.hku.hk/bib/B31978502.

Jeon, David Byung Kook. "Biblical approach to divorce prevention." Theological Research Exchange Network (TREN), 1995. http://www.tren.com.

Lai, Wing-leung. "Divorce and economic development a study on their relationship in Hong Kong /." Click to view the E-thesis via HKUTO, 1989. http://sunzi.lib.hku.hk/hkuto/record/B31975902.

Chemmi, David. "Le divorce pour faute, indispensable au mariage : (analyse de la faute, cause de divorce)." Paris 8, 2005. http://www.theses.fr/2005PA083703.

152 Brilliant Divorce Essay Topics & Examples

For those who are studying law or social sciences, writing about divorce is a common task. Separation is a complicated issue that can arise from many different situations and lead to adverse outcomes. In this article we gathered an ultimate list of topics about divorce and gathered some tips to when working on the paper.

Desertion As A Ground Of Divorce

Key takeaways

Desertion is a ground of divorce under the Hindu Marriage Act, 1955.

It is contained under Section 13(1)(ib) of the Act.

The essentials of desertion as a ground of divorce are:

• Desertion of the petitioner by the other party to the marriage
• For a continuous period of 2 years
• Without a reasonable rationale or against the wish of such party

Burden of proof is on the petitioner.

In laymen words, desertion merely means run away. Desertion means not to withdraw from a place but to withdraw from a state of things. It doesn’t mean to merely desert, as its literal meaning, but to leave from the society of the spouse. Even if the spouse left the house but still contacts her through phone or other means, it cannot be a ground for desertion. Desertion is to leave the life of the deserted spouse, without any reasonable cause, vacuumed. The spouse doesn’t care about the deserted one and ceases to live together renouncing his or her marital obligation and duties. The intention of the spouse to desert the other is the very essence of the desertion. The conceptualisation of “desertion” is incorporated in the Explanation to Section 13(1) of the Hindu Marriage Act, 1955. The Explanation goes as follows:

“In this subsection, the expression “desertion” means the desertion of the petitioner by the other party to the marriage without a reasonable rationale and without or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly.”

The desertion is considered as one of the grounds for divorce. Desertion as a ground is defined under section 13(1)(ib) of the Hindu Marriage Act, 1955. It provides for various conditions which are necessary for desertion as a ground of divorce. These are, firstly, petitioner has to be deserted for a continuous period of not less than 2 years before the petition is presented and secondly, the reason for desertion should be reasonable. The petitioner has a burden of proving and has to prove it beyond reasonable doubt to use desertion as a ground. It is not the single act but the conduct for a continuous period.

AMBIGUITY ON PERIOD OF TWO YEARS

 These conditions are in itself vague and faulty. The very first condition, i.e., the desertion for a continuous period of two years, is too arbitrary. The period of 2 years doesn’t actually mean the aggregate of 2 years but the time by which the parties left the other spouse’s society till the continuous period they did not live together during this continuous stretch. The major contention raised is why the period of two years is fixed and why not the period less or more than 2 years. In some cases, the desertion acts as a deterrent for the spouse deserted. Taking an illustration, the husband shifted abroad for business purposes and for 3 years provided wife and child with the maintenance. But at a later stage, he stopped the maintenance. The wife approached the court for maintenance. The wife has been put to an endless wait for two years to apply for divorce with the desertion as a ground. The deserted spouse knows that the person has deserted him or her but the continuous period of two years acts as a stringent condition. The word “continuous” is too harsh to the spouse deserted even if the spouse is deserted for one year but in later stage contacted her, the condition of two years is not fulfilled. Therefore, the condition of two years in itself left a lot of gaps and has to be reviewed.

WHEN CRUELTY BECOMES GROUND FOR DESERTION

Another lacuna as to desertion is when cruelty becomes ground for desertion. No one should tolerate cruelty and torture in any form either it be physical, mental or psychological. Therefore, it becomes necessary for the spouse to take a step back from the matrimonial obligations and lives a free life. But desertion is being used in a negative manner. It serves as a double-edged knife for the spouse; if the spouse lives with her matrimonial obligation she would be tortured and live a horrible life being subject to cruelty and torture from the other spouse. And on another hand, if the spouse leaves the matrimonial obligation, she will be served with a divorce on the ground of desertion. This established that even after having long-stretched drafted legislation there still persist a lot of loopholes which need to be fulfilled. In case if the spouse is a woman, as it is known that Indian society is not much liberal, the wife is fearful in sustaining herself and hesitant in living a life with the dignity and self-respect. To prove the above contention, an illustration should be given - the wife is being subjected to a lot of harm and torture by the husband but she cannot prove it in the court of law. In such a case, if she refuses to re-join the matrimonial obligation, it will be cruelty by the wife on her behalf. Therefore, the simple contention is if all the concepts of desertion overshadow the cruelty, then why there is a need to have desertion as a separate ground and why not be included within the ambit of cruelty. But comparing both grounds i.e. cruelty and desertion, there seems to be existing sufficient differences. Firstly, desertion as a ground of divorce can be raised when the petitioner files the case whereas a ground like adultery and cruelty arises as soon as it occurs. Desertion seems to be a softer ground as it gives time to the spouse to reconcile, but the grounds likes cruelty and adultery leave no such scope to reconcile. The lacuna lies in the fact the wife is being inflicted with so much pain and being forced to leave the house and on the other hand upon leaving the house she is said to have deserted the husband. Being a land of diverse culture and with thousands of customary laws being followed, one of the solutions is provided by the Mizo customary Law which provides that when the husband seems to have deserted his wife and family, everything belonging to him i.e. house, property etc becomes the part of wife’s property. In fact, not just the property, but the custody of the children also goes to the wife.

Therefore, considering the circumstances which have been seen in various cases, and speed with which quantum of cases is raising, it becomes a serious challenge to the petitioner to prove such conditions. This condition not only violates human dignity and respect but also is a violation of Article 21 of the Constitution of India. Article 21 provides every citizen to live a life with self-respect and human dignity. But these conditions force the spouse to live under such circumstances which violate their right to life. ​

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She Lied, Cheated and Stole. Then She Wrote a Book About It.

In her buzzy memoir, “Sociopath,” Patric Gagne shows herself more committed to revel in her naughtiness than to demystify the condition.

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By Alexandra Jacobs

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SOCIOPATH: A Memoir, by Patric Gagne

That Patric Gagne is a sociopath isn’t news. She wrote about it for The New York Times’s Modern Love column, which led to a deal for a book that I have just hurled across the room like a discus, and an extensive pre-publication interview with my colleague David Marchese.

Gagne seems also to be afflicted, or blessed, with hyperthymesia, a.k.a highly superior autobiographical memory : a rare condition publicized in an old “ 60 Minutes” segment featuring the actress Marilu Henner.

How else, unless Gagne was concealing a small tape recorder on her person since childhood (not out of the question, of course, for a sociopath) does she recall decades-old dialogue in such precise detail? And incidentally, how come so much of that is rat-a-tat banter suitable for a corny ’90s rom-com?

“I’d kill myself if everywhere I went, people knew who I was,” Gagne, who in young adulthood follows her father into the music business, tells a flirtatious rock guitarist to whom she’s confided her sociopathy.

“Instead of killing other people, you mean?” he replies.

The ostensible goal of “Sociopath,” as the memoir is titled in dramatic Sharpie letters on the cover, is to address exactly this sort of misconception, to destigmatize an oft-misunderstood personality type. Most of Gagne’s kind are not murderers. She argues that sociopathy is a spectrum disorder, like autism, affecting “millions,” though there’s no source for this number; citation in “Sociopath” is not footnotes but excited “flipping” through library books.

Other than stabbing a “neighborhood terror” in the head with a pencil when she was in second grade, flinging a glass pitcher at a wall and occasionally clawing herself in frustration to the point of bleeding, Gagne has tended to be more creepy than violent in her transgressive behavior. Relief from a certain temperamental blankness has come, she writes, by breaking into other people’s homes and joyriding in their dubiously borrowed cars.

“The silence of a structure that has just been broken into is unlike any other,” the author writes, adding with unnerving humanization, “It’s almost like the house can’t believe what just happened and has gasped, taking all the air with it.”

Gagne tells of stealing and stockpiling trivial objects, like a pair of Ringo Starr’s glasses when she was a toddler, and as an adult a Statue of Liberty key chain that she used to signal to her watchful then-boyfriend, David, when she’d done something “unorthodox.” (David, no saint, also joined her for sex in the empty houses.) Gagne mulled filching a life-size ceramic tiger from Hugh Hefner’s office during a party at the Playboy Mansion, but settled for a notepad.

Some people crash weddings for the free food and drinks; she sneaks into funerals, strangers’ grief washing over her like a spa cleanse. There’s an elaborate subplot about Gagne stalking a woman named Ginny who’s trying to extort her father, the revelation that causes the obviously enchanted guitarist to do a “spit take.” (Spit takes being about as common in real life as rimshots.)

Indeed a large swath of “Sociopath” is devoted to Gagne’s ability to succeed amid the “dark magic” of the music business, which, we’re reminded, tends to attract difficult personalities such as that guitarist (she dubs him Max Magus), for whom she may or may not be leaving dependable David.

You’ve heard the phrase “has no chill.” Gagne portrays herself as all c hill: a “blond, ferret-toting Wednesday Addams,” as she writes of an upbringing stressed by divorce and a move to Florida.

Her younger sister, Harlowe, nicknames her Captain Apathy, drawing a cartoon of a masked superhero. (Somebody dial Mattel!) Like Diana in “A Chorus Line,” Patric feels nothing — happiness and anger in brief spurts, maybe, but not empathy or remorse, a syndrome she likens to bad eyesight.

She does, however, curse an awful lot, sometimes in ALL CAPS. One woman is dismissed as a “basic bitch” and worse. Repetition and weather reports (“the breeze whistled its approval as I approached the sports car”) blight the narrative. And when Gagne, now a clinical psychologist and married mother of two, writes of her longing for incarceration (“a short stint in lockup sounded interesting”), one wishes someone had gently placed a few more studies on her library pile.

Sociopathy is no longer indexed in the Diagnostic and Statistical Manual of Mental Disorders, Gagne writes, replaced by antisocial personality disorder, several criteria of which don’t resonate with her. She guards her medical identity like a ceramic tiger, scornfully labeling a messy record-label executive named Jennifer a “fauxciopath.”(A term the author is attempting to trademark .)

I have little problem with “Sociopath” as a porthole into the unusual mind of one woman — albeit a smudged porthole; she admits to changing names, dates and details. It’s when Gagne swerves the wheel of that purloined auto into the scholarly realm, speeding through the psychiatrist Hervey Cleckley’s 1941 seminal work on psychopathy, “The Mask of Sanity,” and topics like cognitive behavioral therapy, that sweat begins to bead on my boringly neurotypical forehead.

Those Sharpie letters proclaim a Ph.D. in clinical psychology , but since her dissertation is not available online, nor referenced by other scholars, “Sociopath” is venturing out into the hot media lights uncomfortably alone. This is an important topic, treated too flightily: begging for peer review, not book review.

SOCIOPATH : A Memoir | By Patric Gagne | Simon & Schuster | 368 pp. | $28.99

Alexandra Jacobs is a Times book critic and occasional features writer. She joined The Times in 2010. More about Alexandra Jacobs

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