Maryland Divorce ~ Desertion and Abandonment
For practical purposes, desertion and abandonment are just about the same. There are two elements that must be present to constitute desertion :
~the willful desire or the intent to desert
~the cutting off of the marital relationship
In Maryland abandonment is defined by :
~twelve uninterrupted months of separation
~willful and malicious
~beyond any reasonable expectation of reconciliation
There are two types of desertion
Actual Desertion
When your spouse physically moves away from the house it is considered actual desertion. The spouse leaves and has no plans of returning other than picking up forgotten personal belongings.
Constructive Desertion
Desertion can also be present if your spouse does not leave. You can leave and charge your spouse with constructive desertion if your spouse's behavior is cruel and harmful. Constructive desertion is basically defined as one person leaving the relationship, not necessarily the home.
This also includes willful refusal of sexual intercourse and nonperformance of other marital duties. Conduct that endangers a spouse's life, health or safety also applies.
If the deserter returns and you accept the return of your estranged spouse then grounds for desertion of any kind are void. If you reject the return of your spouse they could in turn file desertion upon you.
Source : How To Do Your Own Divorce In Maryland by Richard S. Granat (2004)