desertion

The act of forsaking or abandoning a person, a cause or a post of duty. A continued abandonment of a ship by a seaman, during the term of service provided by his contract, with intention not to return, and without sufficient cause. 48 Am J1st Ship § 190. The criminal offense under the Uniform Code of Military Justice committed by any member of the armed forces where (1) without authority he goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently; (2) quits his unit, organization, or place of duty to avoid hazardous duty or to shirk important service; or (3) without being permanently separated from one of the armed forces, enlists or accepts an appointment in the same or another one of the armed forces without fully disclosing the fact that he has not been regularly separated, or enters any foreign armed service except when authorized by the United States; also committed by any commissioned officer of the armed forces where, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom permanently. 10 USC § 885. The abandonment of a child in neglect of the duty of support. 39 Am J1st P & C § 104. The abandonment of wife or child penalized by the statutes of most of the states, including the Uniform Desertion and Nonsupport Act. 23 Am J2d Desert § 1. Quitting the society of wife and children and renouncing the duties owed them as a husband and father. Kelley v State, 218 Miss 459, 67 So 2d 459, 44 ALR2d 881. As a ground for divorce, "desertion" is a voluntary separation of one of the parties to a marriage from the other or the voluntary refusal to renew a suspended cohabitation, without justification either in the consent or the wrongful conduct of the second party; a wilful absence by one spouse from the society of the other with the intention to live apart in spite of the wishes of the other and without any intention to return to cohabitation. 24 Am J2d Div & S § 96. See constructive desertion; wilful desertion.