In a way this ground is detached from everyday life and one wonders at its purpose. This ground is rarely used in support of a divorce application. Many experienced family lawyers will tell you they have never been involved with a desertion action. As with adultery the Scottish executive quite properly propose to replace this ground with a generalized, unreasonable behaviour category. This is the most common ground of divorce as it reflects most people's experience of an unhappy marriage and does not require lengthy periods of living apart before you can go to court.
Unreasonable behaviour covers the whole spectrum of human existence.
The test is a simple one. The common issues raised by this ground of divorce include financial difficulties, drinking, gambling, violence and the lack of emotional and practical support within the marriage. The list is not exhaustive nor closed. Two years Separation with Consent Where parties have lived apart for two years or more, one of the parties can raise an action of divorce with the consent of the other party. This is an example of a no fault divorce.