Would you expect her to return with any demands or it would be a clean break?
If your wife does this, it does not mean that she can be prosecuted with any criminal charge. The article 1052 states that, if one spouse deserts another and continues to do so, then the deserted spouse (you in this case) has the right to file for divorce. “the other party may petition the court for a juridical decree of divorce”
It does not mean your wife can be arrested or put in jail. You can go through the courts for divorce though, and acquire some monetary compensation or alimony if you can show that your wife has caused you to suffer damage due to her leaving.
So, the question you’d have to ask yourself is, do you want a divorce from this person? Or do you want her to stay and not leave? If you want her to stay, then what you must look into is marriage counseling.
With that attitude I can’t help but wonder if she’d have a good reason…
Leaving home could be illegal not because of Article 1052, but because of Article 1001, depending on the situation. Iiuc and if the word “illegal” can be used for acts not complying with obligations of civil code.
The husband and the wife are under mutual obligation to cohabit, unless for a good cause they cannot live together.
As was mentioned above, Article 1052 doesn’t say something we should do or not do, so you don’t do things against the article. Otherwise, all married people with incurable loathsome disease are illegal.
Illegal doesn’t always mean criminal. What we’re talking about here is essentially a breach of (marriage) contract.
You don’t know that.
WTF is 'home desertion ’ anyway.
Taiwanese couples regularly work and live in different countries.
“My spouse is sleeping around.” “Hey, that’s grounds for divorce!” Illegal? Nah.
It was until very recently!
But as Tando pointed out, it actually is against the law not to cohabit while married, unless there’s a justification.
Yes, because that actually was against the law. So it would have been illegal as well as grounds for divorce.
Cool! As it is specified in a law as being required, it would be considered illegal not to do it. That’s the way I’d look at it, and glad to find out about it! If I have time later, I hope to look at it more closely.
Though it is a legal obligation, you are not enforced to comply with it.
Article 128 of Compulsory Enforcement Act.
Thank you for the article but a bit too long… ;°) Thank you to point out where it’s mentioned.
The provisions of the preceding paragraph do not apply to the judgment orderingthe cohabitation between couples.
第 128 條
this. If you want her stay, there is not much thing you can do legally.
I don’t want my son’s mother arrested or put in jail. My main concern is my 9yo son.
I didn’t understand much of the Chinese part… ;°(
As for her departure I want to lodge a complain so it will be clear to the police that she left home.
I’m not sure if police would accept that kind of complaints, unless she also did something criminally illegal. Police would not care if your wife is at home or not, as far as it is by her own will. I mean she is not kidnapped.
Iiuc, Taiwanese police stay out of civil disputes.
Unless her leaving would endanger children or you, because both you and your children are unable to care for yourself, then her leaving and not coming back would be criminal.
Otherwise negotiate for some kind of child support/divorce.
You should be speaking to a divorce attorney for this.
Taiwan legal system
Her justification would be that she can’t have her own life, free to come home (or not) at whatever time of the night or the morning, drunk or not, sle… around, get up before noon, not taking care of her son, totally ignoring his education needs… The list is far too long.
Thank you all for the constructive comments and the others.