Northern Virginia Divorce Law Firm Experienced Constructive Desertion Grounds
Arlington, Virginia Family Lawyer Strong Advocate for Divorcing Clients
As a ground for divorce in Virginia, desertion or abandonment requires both the breaking off of cohabitation as well as the intent to desert in the mind of the offender. A mere separation through mutual consent of the parties is not considered desertion.
If one spouse leaves because the other has committed acts that are considered legal cruelty, then the spouse who leaves is not guilty of desertion, and may actually be awarded a divorce on the ground of cruelty or constructive desertion. Constructive desertion is defined as one person leaving the relationship, not necessarily the home.
Some cases of marital misconduct that may constitute grounds of constructive desertion include:
- The willful refusal of sex, without just cause
- One spouse stops carrying out the mutual responsibilities of the marital relationship
- Conduct that endangers a spouse’s life, safety, health, and self-respect
- One spouse’s refusal to relocate when the other is required to, unless the spouse’s domicile of choice is unsafe or unsuitable for the other
If desertion grounds exist, a suit for a divorce from bed and board may be filed with the court immediately after the separation. If the desertion continues for more than one year from the date of separation, then the desertion is sufficient to constitute a ground for divorce in the Commonwealth of Virginia.
Contact an Experienced Virginia Divorce Attorney Today
Claudia Zucker has been representing Virginia clients in divorce matters for more than two decades. Contact our firm online or call (703) 596-1005 to schedule your initial consultation today.
