desertion

1. The failure by a husband or wife to cohabit with his or her spouse. Desertion usually takes the form of physically leaving the home, but this is not essential: there may be desertion although both parties live under the same roof, if all elements of a shared life (e.g. sexual intercourse, eating of meals together) have ceased. Desertion must be a unilateral act carried out against the wishes of the other spouse, with the intention of bringing married life to an end. If it continues for more than two years, it may be evidence of *breakdown of marriage and entitle the deserted spouse to a decree of divorce. See also *constructive desertion.
2. An offence against service law committed by a member of the armed forces who leaves or fails to attend at his unit, ship, or place of duty. He must either intend at the time to remain permanently absent from duty without lawful authority or subsequently form that intention. One who absents himself without leave to avoid service overseas or service before the enemy is also guilty of desertion.