My husband condoned my affair but refuses to file for divorce. There is no hope of reconciliation. He has lived literally locked away in the basement of the home for two years & refuses to communicate with me or my minor child. He threatened suicide once. I left the home due to the mental stress. Do I have grounds to file under constructive desertion?
Answered on: 6/17/13, 9:23 am by G. Joseph Holthaus III
Possibly. You should consider leaving and, while in the process, attempting a separation agreement or potentially seeing if he will leave after a separation agreement is reached. You should contact an attorney for representation as there are many matters involved with separation agreements and subsequent enforcement/filing in court/etc.
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