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If I leave the house can my spouse charge me with desertion?

If Your spouse's conduct does not warrant your leaving, he or she may be able to sue you for actual desertion. Therefore, absent physical abuse, it would be wise to consult your lawyer before leaving home. Your own conduct is very important if you wish to succeed in getting a divorce on fault grounds of adultery and actual or constructive desertion. You must not be guilty of any misconduct which would justify the desertion. You must not consent to the desertion. If you consent, it would constitute a voluntary separation. There is a difference, however, between consenting and giving in to something you cannot avoid.

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