Sep 04, 2015 · Desertion is definitely a weak fault based ground for divorce. Though any party leaving the house without prior agreement is technically deserting, it’s probably unlikely that this will hurt either of you in any real way during the case. If you’re wondering about your specific case, it’s a good idea to talk to an attorney.. "/>
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Constructive desertion. About 1 and 3/4 years ago my wife and I started to get a separation but stopped because we could not agree on custody. No formal separation exists between us. She is an alcoholic and averages 1.5 to 2 bottels nightly. We started to go to counsiling but she stopped. I have continued for over 1 year.. Constructive desertion happens when one partner causes the other partner to leave the marital home through misconduct. If one partner is forced to leave the home because the other’s misconduct, he or she has been constructively deserted. In this regime, the conduct of one spouse makes it impossible for the other to stay in the marriage.. In fact, the spouse who leaves can get a divorce because of cruelty or constructive desertion. While separation is a « flawless » reason for divorce, fault can still be an issue when spousal support is sought, or may be a factor in determining the division of matrimonial property. In addition, a judge is free to grant a divorce for fault, although there are « no grounds for guilt ». Sep 04, 2015 · Desertion is definitely a weak fault based ground for divorce. Though any party leaving the house without prior agreement is technically deserting, it’s probably unlikely that this will hurt either of you in any real way during the case. If you’re wondering about your specific case, it’s a good idea to talk to an attorney..

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The fault grounds in Virginia include: adultery. Desertion is a fault-based ground for divorce. Constructive desertion is frequently used as a defense to actual desertion. Description of Constructive Abandonment In this reference work, constructive abandonment is a sort of the Patents category.

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