If a person leaves the actual marriage, not including the home, it may be able to be considered constructive desertion in a Maryland divorce court. Your spouse does not actually have to move out for you to sue them for constructive desertion in a Maryland divorce court. If the demeanor or behavior of your spouse is excessively cruel then it is possible in a Maryland divorce court to actually leave your residence and charge your spouse with constructive desertion.
Below are some examples of things that a Maryland divorce court may rule in your favor for a case of constructive desertion :
Behavior or conduct that endangers the other spouses’ health, life, safety and even self respect if more than one instance of self respect related damages have been proven in a Maryland divorce court.
Refusal of sexual relations willfully and without cause. In addition you must show that the spouse has also stopped participating in mutual duties of the marriage.
If a spouse refuses to move if there are necessary life changes to be made, for example a new job, caring for a parent, etc. The only exception to this rule is if the living environment is unacceptable to the spouse unwilling to relocate.