Desertion
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Desertion as a Ground for Divorce
When a Spouse Abandons the Marriage Without Just Cause
Desertion is a recognised legal ground for divorce under Singapore law. It refers to a situation where one spouse leaves the other without justification and with no intention of returning. At Godwin Campos LLC, we guide clients through this emotionally complex process with strategic legal advice and empathetic support.
What is Desertion?
Desertion occurs when one spouse intentionally abandons the other for a continuous period of at least two years. Unlike separation by mutual consent, desertion is a unilateral act—done without agreement or reasonable cause. It involves the breakdown of the marital relationship due to the absence of one party.
To qualify legally, four elements must be present:
- Physical separation
- Intention to desert
- Lack of consent from the other spouse
- At least two years of continuous desertion
Examples of Desertion
- A spouse moves out of the home without explanation and refuses contact.
- Repeated rejection of attempts at reconciliation with no intention to return.
- Withdrawal from the marriage emotionally and financially, even while residing in the same household.
These examples demonstrate that desertion can be both physical and constructive—meaning a spouse may still live under the same roof but has completely withdrawn from the relationship.
Why This Ground May Apply
Desertion allows the innocent spouse to initiate divorce when the other has walked away from marital obligations. It provides a legal remedy when reconciliation attempts have failed and there’s clear abandonment.
This ground can also help clarify custody, maintenance, and asset division issues caused by the abandonment.
How Do Courts Assess Desertion?
The burden of proof lies with the applicant to show that desertion occurred continuously, deliberately, and without just cause. The Court considers:
- Evidence of separation and lack of contact
- Whether attempts were made to reconcile
- Communications or written correspondence
- Testimonies from family or third parties
If the deserting spouse left due to abuse or other legitimate reasons, the claim may not hold. Legal advice is critical in evaluating such nuances.
Our Approach
Legal Assessment & Strategy Planning
We evaluate whether desertion applies to your situation and develop a strategy aligned with your objectives.
Evidence Gathering & Affidavit Drafting
We assist in compiling timelines, correspondence, and witness statements that support your case.
Filing for Divorce
Our lawyers guide you through the Family Justice Courts process, ensuring procedural compliance and compelling arguments.
Post-Filing Support
We advise on related matters such as maintenance, custody, or asset division, depending on your unique circumstances.
Why Choose Godwin Campos LLC?
Extensive Experience in Family Law
Over 30 years handling complex desertion and abandonment cases.
Trusted by Clients & Professionals
Recognised as one of Singapore’s leading family law firms.
Client-Centred Approach
Prioritising your emotional and legal interests.
Holistic Legal Support
From initial consultation to final order, we cover all aspects of your case.
Need Quick Legal Advice On Divorce & Litigation?
Get immediate cost-effective advice & guidance based on a wealth of expertise as our Mr Campos, with more than 30 years of experience, personally oversees every matter. This starts from the very 1st consult itself.
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