Desertion

Desertion means your spouse has left you and the marriage, without your agreement.

Under Section 54(1)(c) of Act 164, you can rely on desertion to show the marriage has broken down. You must prove your spouse deserted you for a continuous period of at least two years immediately before you file the petition.

Why it matters: desertion is used in a single petition, when your spouse is not cooperating. If you have simply lived apart for two years, the separate living-apart fact in Section 54(1)(d) may be easier to prove.