Legal Definitions - desertion

In legal terms, desertion refers to the deliberate and unjustified abandonment of significant duties, obligations, or relationships. It involves a conscious decision to leave responsibilities unfulfilled, often with serious legal consequences for the person who deserts.

• Divorce Proceedings: After a prolonged period of marital conflict, Robert abruptly moves out of the home he shares with his wife, Lisa, without her consent. He takes his belongings, changes his phone number, and makes it clear through a brief email that he has no intention of returning or participating in their marriage. He also stops contributing to household expenses.

  This scenario illustrates desertion in the context of divorce. Robert's actions demonstrate a willful abandonment of his marital duties and cohabitation, without Lisa's agreement and with a clear intent to end the marriage permanently. In jurisdictions that recognize "fault" grounds for divorce, Lisa could potentially cite desertion as the legal reason for the dissolution of their marriage.

• Parental Rights and Child Adoption: A mother, Sarah, leaves her two young children with their grandmother and moves to another country, ceasing all contact and financial support for over a year. She makes no attempts to communicate with the children or the grandmother, nor does she provide any resources for their care, despite being able to do so. The grandmother wishes to adopt the children to provide them with a stable, permanent home.

  Here, Sarah's actions constitute desertion of her parental duties. Her prolonged absence, lack of communication, and failure to provide support demonstrate a willful forsaking of her responsibilities as a parent. This conduct could serve as a legal basis for a court to find that she has deserted her children, potentially leading to the termination of her parental rights and allowing the grandmother to proceed with adoption.

• Military Service: A naval officer, Lieutenant Chen, is ordered to report for duty on a ship deploying overseas. Instead of boarding the vessel, Lieutenant Chen intentionally fails to report, leaves the naval base without authorization, and goes into hiding to avoid the deployment and further military service.

  This is an example of desertion within a military context. Lieutenant Chen has willfully and unjustifiably abandoned his military duties and obligations by failing to report for deployment and leaving his post with the intent to permanently avoid service. Such an act is a severe offense under military law, distinct from a temporary absence without leave (AWOL) due to the clear intent to permanently abandon service.