Leaving the house does not make you the deserter. Georgia asks why you left.
Justification Defeats the Claim
The definition itself contains the answer. Cagle v. Cagle, 193 Ga. 34 (1941), describes desertion as a separation “without justification either in the consent or the wrongful conduct of the other.”
Two things can therefore defeat a desertion claim against you. Your spouse agreed to the separation, or your spouse’s own conduct drove you out.
The Court Said So Directly
Cagle dismissed a wife’s petition because she had not pled enough about how the separation came about. In explaining what she should have alleged, the Court laid out both paths:
“If the defendant left the plaintiff without good cause, with the intention of deserting her, or if she was forced to leave him because of such conduct on his part as would justify her separation in the eyes of the law, it should have been so alleged.”
That second clause is constructive desertion. The spouse whose misconduct forces the other out is the one who deserted.
How It Is Pled
Allen v. Allen, 194 Ga. 591 (1942), shows it done properly. The wife pled desertion and cruel treatment together, and her petition survived demurrer because “the averments showed that the separation began because of the husband’s abandonment after alleged acts of cruel treatment on his part.”
Say Why You Left
The lesson from Cagle is a pleading lesson. The Court refused to guess, noting that the circumstances of the separation “are not disclosed” and that the split might equally have been by agreement. Do not leave the reason to conjecture.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!