2-1-4. WILLFUL DESERTION DEFINED.

Willful Desertion is the voluntary separation of one of the married parties from the other with the intent to desert.  Persistent unreasonable refusal to have reasonable matrimonial intercourse as husband and wife is desertion.  The unjustified or unreasonable refusal of either party to dwell in the same house with the other party is desertion.  Departure of absence of one party from the family dwelling caused by cruelty or threats of bodily harm from which danger could be reasonably apprehended from the other is not desertion by the absent party, but it is desertion by the party causing the cruelty or making the threats.  Separation by agreement is not desertion.  However, such circumstances could ripen into desertion.  For example, if one of the parties offered to return for the purpose of attempting reconciliation and such offer was refused, such refusal could constitute desertion.