What Is Constructive Desertion?
Constructive desertion is a type of desertion where a spouse does not leave the marital home but acts like they have left the marriage. Examples of what is considered constructive desertion in Virginia include the following:
- Sex. The deserting spouse refuses to have sex or sexual intimacy without just cause.
- Marital responsibilities. A partner refuses to share marital responsibilities, such as communicating with their spouse, contributing financially to the household, or taking care of the children.
- Safety of spouse. A spouse acts in ways endangering their partner’s safety, health, or self-respect.
- Relocation. The partner refuses to relocate when their spouse is required to move.
How Do You Prove Constructive Desertion in a Norfolk Divorce?
If you are trying to obtain a divorce based on this ground for divorce, you must prove that your spouse constructively deserted you. You will need evidence to establish this, such as:
- Photographs. Take photos of your dirty, unkempt house or yard to show your spouse neglected their responsibilities.
- Missed appointments. Collect medical and school records to establish that your partner missed your children’s doctors, dentists, and school appointments.
- Bank and credit card records. Your bank and credit card statements can help prove that your spouse has stopped financially contributing to household expenses.
- Communications. Save texts and emails between you and your spouse showing they are not communicating with you. You should also keep a record of your unsuccessful attempts to talk to your partner.
- Police records. If your spouse physically abused you, obtain a copy of the police report and medical records if you sought medical treatment for your injuries.