What is constructive desertion in Virginia?

Couple Who Need to Discuss DivorceIf your spouse does not agree to a divorce, you must establish grounds for divorce. One basis justifying a divorce is that your partner constructively deserted you. If you are considering using this ground as a basis for filing your divorce, you need to know what constructive desertion is in Virginia. You should also hire an experienced family law lawyer to help prove it applies to your divorce.

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.