3. If my spouse has gone away for more than a year for a reason (e.g., wandering around the world, debt evasion), can I get a divorce out of desertion?

3. If my spouse has gone away for more than a year for a reason (e.g., wandering around the world, debt evasion), can I get a divorce out of desertion?

Desertion only commences from the moment when physical separation and intention to bring cohabitation to an end coincides simultaneously. Here, the spouse has gone away for reasons other than bringing the cohabitation to an end. Therefore, desertion is unlikely to be made out. Further, if the spouse gave consent to the other half to go away, it would be a consensual separation and not desertion.