What is spousal abandonment in Virginia?
Also question is, what is abandonment in marriage in Virginia?
Abandonment, also called desertion, is the act of leaving the marriage with no intent to return. Virginia requires that the abandonment be "willful and malicious" for a period of one continuous year and there is no chance of reconciliation. Actual abandonment is the act of leaving the marital residence.
Subsequently, question is, what qualifies as abandonment in a marriage? Abandonment means that one spouse has left the other without consent, but like adultery proving desertion means more than that a person left home without the consent of the other spouse. Abandonment is not the same as separation, trial or permanent, which in most cases happens as a preliminary to a divorce.
Similarly, you may ask, how do you prove desertion in Virginia?
To prove desertion, one must prove an intent to end the marriage on the part of one spouse, prove that the spouse who was left did nothing to justify the other's leaving and prove that the leaving was against the wishes of the person who was left. To prove desertion by one spouse, the other spouse must be blameless.
Is abandonment grounds for divorce in Virginia?
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.