2. If my spouse has just gone away for more than a year without telling me the reason, can I get a divorce out of desertion? Do I need to show his/her intention?
If a spouse has gone away for more than a year without reasons given, the petitioner can get a divorce out of desertion, but the petitioner is still required to show the intention of the desertion. The act of leaving the matrimonial home without any reasonable cause or the other spouse’s consent is likely sufficient for the court to infer intention of the deserting spouse to bring the cohabitation to an end. However, such a presumption may be rebutted by evidence.