Desertion and abandonment are both grounds for divorce in the state of Virginia.
When a spouse walks out on a marriage, it can sometimes mean walking out on any children, too. If your spouse has willfully left your marriage, you have the right to file for a fault-based divorce in Virginia. If you and your spouse are legally separated, you cannot use desertion as grounds for your divorce.
Abandonment is not the same as separation, trial or permanent, which in most cases happens as a preliminary to a divorce. If you plan on leaving your marriage, we always recommend consulting with a divorce attorney first. Keep in mind, not all absences qualify as desertion—a grounds for divorce that requires proof that one spouse broke the matrimonial cohabitation with the intent of abandonment.
What You Need to Know About Spousal Abandonment
If you believe your spouse is guilty of constructive desertion and has abandoned your marriage, schedule a consultation with our Northern Virginia divorce lawyers. Often times, families and spouses living in Northern Virginia approach us with questions about their marital status and if their grounds for divorce are justified under Virginia divorce law.
Did you know you can charge your spouse with constructive desertion if your spouse has not, and will not, physically leave your home, but has already checked out or deserted his or her marriage? For example, if a spouse has been abusive or cruel and forces you to leave your home, you can charge your spouse with constructive desertion, even if they physically remain in the residence. We are the family law firm families in Northern Virginia turn to for their divorce needs.
Our goal is to look out for you and to help you reach a divorce settlement that is beneficial for you. We use our decades of combined experience and superior legal knowledge to ensure you receive the outcome you desire in your divorce. Our family law firm is made up of a team of attorneys with more than 23 years of combined divorce law experience practicing in the Northern Virginia area, including Leesburg, Ashburn, Sterling, Herndon, Reston, and beyond.
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Divorce in Virginia FAQs
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Contact an Experienced Virginia Divorce Attorney Today Claudia Zucker has been representing Virginia clients in divorce matters for more than two decades.