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Constructive Abandonment

Definition - What does Constructive Abandonment mean?

Constructive abandonment is a ground for fault-based divorce in which one spouse alleges that the other has refused to engage in sexual relations for a considerable period of time, usually a year or more. The principle behind constructive abandonment is that procreation is a fundamental component of marriage and if a spouse refuses it, they are basically abandoning the relationship.

Justipedia explains Constructive Abandonment

Constructive abandonment is one of the most common grounds on which couples use in a fault-based divorce. To be granted a divorce on the grounds of constructive abandonment, the divorce-seeking spouse must establish that the other spouse refused to engage in sexual relations even after repeated requests from the divorce-seeking spouse. There cannot be any physical or psychological disabilities preventing the other spouse from engaging in sexual relations.

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