Desertion

Desertion in United States

Desertion Definition

Abandonment; the abandonment of a duty or of a person as to whom the deserter is charged with a duty; as desertion by a seaman, or a soldier, or by a husband of his wife. As a cause for divorce, is an unwarranted departure from the conjugal relation, intending not to return. The precise elements vary according to the statutes. In only one or two states is mere abstinence from sexual intercourse regarded as desertion. The voluntary separation of one of the married parties from the other, or the voluntary refusal to renew a suspended cohabitation, without justification either in the consent or the wrongful conduct of the other. 122 111. App. 225.

Desertion in Foreign Legal Encyclopedias

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Desertion Desertion in the European Legal Encyclopedia.
Desertion Desertion in the Asian Legal Encyclopedia.
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Desertion Desertion in the Family Law Portal of the American Encyclopedia of Law.
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Desertion Desertion in the Constitutional Law Portal of the American Encyclopedia of Law.
Desertion Desertion in the Tax Law Portal of the American Encyclopedia of Law.
Desertion Desertion in the and Finance and Banking Portal of the American Encyclopedia of Law.
Desertion Desertion in the Employment and Labor Portal of the American Encyclopedia of Law.
Desertion Desertion in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
Desertion Desertion in the Environmental Law Portal of the American Encyclopedia of Law.

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Legal Issue for Attorneys

Abandonment; the abandonment of a duty or of a person as to whom the deserter is charged with a duty; as desertion by a seaman, or a soldier, or by a husband of his wife. As a cause for divorce, is an unwarranted departure from the conjugal relation, intending not to return. The precise elements vary according to the statutes. In only one or two states is mere abstinence from sexual intercourse regarded as desertion. The voluntary separation of one of the married parties from the other, or the voluntary refusal to renew a suspended cohabitation, without justification either in the consent or the wrongful conduct of the other. 122 111. App. 225.

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Notice

This definition of Desertion Is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Practical Information

Note: Some of this information was last updated in 1982

A voluntary separation from a spouse without justification and with the intention of not returning. In some states, desertion is a ground for divorce (in U.S. law) ; in others, for separation (in U.S. law) . The courts hold that a justified absence does not constitute desertion. As an example, a wife is justified in leaving her husband’s home if she fears bodily injury from him. This is not an act of desertion even though she does not intend to return to him. Desertion is sometimes also known as abandonment (in U.S. law).

(Revised by Ann De Vries)

What is Desertion?

For a meaning of it, read Desertion in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Desertion.

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See Also

Biome

Amnesty ; Army, Confederate ; Army, Union ; Bounty Jumper ; Confederate States of America ; Revolution, American: Military History .

Biome; Grassland; Water Cycle

Further Reading (Books)

Ella Lonn , Desertion During the Civil War, 1928, 1966;

William B. Huie , The Execution of Private Slovik, 1954, 1991;

Russell F. Weigley , History of the United States Army, 1967;

Jack D. Foner , The United States Soldier between the Two Wars: Army Life and Reforms, 1865-1898, 1968;

Thomas L. Hayes , American Deserters in Sweden, 1971;

Robert L. Alotta , Stop the Evil: A Civil War History of Desertion and Murder, 1978;

Edward M. Coffman , The Old Army: A Portrait of the American Army in Peacetime, 1784-1898, 1986.

John Whiteclay Chambers II

Higginbotham, Don. War and Society in Revolutionary America: The Wider Dimensions of Conflict. Columbia: University of South Carolina Press, 1988.

Jessup, John E., et al., eds. Encyclopedia of the American Military: Studies of the History, Traditions, Policies, Institutions, and Roles of the Armed Forces in War and Peace. New York: Scribners; Toronto: Macmillan, 1994.

Weitz, Mark A. A Higher Duty: Desertion among Georgia Troops During the Civil War. Lincoln: University of Nebraska Press, 2000.

Whiteclay, John, et al., eds. The Oxford Companion to American Military History. New York: Oxford University Press, 1999.

John WhiteclayChambers/a. e.

Cooke, R. U., A. Warren, and A. S. Goudie. Desert Geomorphology. London: UCL Press, 1993.

Louw, G. N. and M. K. Seeley. Ecology of Desert Organisms. New York: Longman, 1982.

Mares, M. A., ed. Encyclopedia of Deserts. Norman: University of Oklahoma Press, 1999.

Further Reading (Articles)

Desertion During the Civil War.(Review), The Historian; September 22, 1999; Weitz, Mark A.

Desertion Distortion, The New American; December 24, 2007; Hoar, William P.

More Damning than Slaughter: Desertion in the Confederate Army, The Journal of Southern History; May 1, 2007; Phillips, Jason

Desertion, Gale Library of Dail
y Life: American Civil War; January 1, 2008;

Jenkins’ desertion trial to be high-profile, but conviction may bring light punishment, AP Worldstream; September 19, 2004; ERIC TALMADGE, Associated Press Writer

Prosecution’s case difficult in soldier’s high-profile desertion trial: Desertion hard to prove; plea bargain expected, could result in dishonorable discharge, Charleston Daily Mail; September 20, 2004; THE ASSOCIATED PRESS

A Higher Duty: Desertion among Georgia Troops during the Civil War, The Journal of Southern History; November 1, 2001; McKiven, Henry M Jr

Desertion charge lands 25-year-old woman in county jail ; Amber McGuire was taken into custody after a traffic stop Thanksgiving., Dayton Daily News (Dayton, OH); November 29, 2011; Kelli Wynn

More Damning Than Slaughter: Desertion in the Confederate Army.(Book review), The Historian; March 22, 2007; Ashdown, Paul

Wives without Husbands: Marriage, Desertion, and Welfare in New York, 1900 – 1935, Journal of Marriage and Family; May 1, 2008; Pleck, Elizabeth H.

Marine desertions up in 2005 After 3-year decline, number rises to 1,170.(News), Rocky Mountain News (Denver, CO); September 8, 2006; Montero, David

Losses to Desertion a Plague to Both Sides, The Washington Times (Washington, DC); September 18, 2004; Trammell, Jack

Desertions Hit Afghan Army Hard, Arab News (Jeddah, Saudi Arabia); December 19, 2012

Jenkins Gets 30 Days in Desertion Case, AP Online; November 3, 2004; ERIC TALMADGE, Associated Press Writer

U.S. Army revises desertion numbers, International Herald Tribune; March 24, 2007; Paul von Zielbauer

U.S. Army raises desertion numbers, International Herald Tribune; March 24, 2007; Paul von Zielbauer

Wives without Husbands: Marriage, Desertion, & Welfare in New York, 1900-1935, American Jewish History; December 1, 2007; Miller, Batya

Sexual conflict and consistency of offspring desertion in Eurasian penduline tit Remiz pendulinus.(Research article), BMC Evolutionary Biology; September 1, 2008; Pogany, Akos Szentirmai, Istvan Komdeur, Jan Szekely, Tamas

Sandinista Army Hit by Desertions;Many Soldiers Abandon Their Posts After Opposition Victory, The Washington Post; March 5, 1990; William Branigin

Desertion rates up 80 percent since invasion of Iraq, The Charleston Gazette (Charleston, WV); November 17, 2007; Lolita C. Baldor

Desertion in State Statute Topics

Introduction to Desertion (State statute topic)

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