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Hofheimer Family Law Firm

Q
What is constructive desertion?

A

Constructive desertion is leaving the marriage in a non-physical manner. Your spouse may not have physically left the marital residence, but their actions and attitude reflect their desertion of your marriage. In many of these cases of constructive desertion in a Virginia divorce, situations have the potential to become violent and dangerous.

When your spouse has been abusive or cruel to the point where you need to leave the home to escape, that is considered constructive desertion in a Virginia divorce case. This is true even though the offending spouse is still in the marital residence. If you ever feel you are in danger, you should consult your Virginia Beach divorce attorney for options on removing yourself from the threat.

While constructive desertion in a Virginia divorce case can be legitimate grounds for your leaving the marital residence, you should not do so until you consult with your Virginia Beach divorce attorney. You may still be accused of desertion yourself if the situation is not properly handled.

There are very specific rules governing divorce in Virginia, including constructive desertion in Virginia divorce. At Hofheimer Family Law Firm we are committed to providing you with the experience and compassion you deserve and the successful results you need to move on with your life. Request a FREE copy of our guide, What Every Virginia Woman Should Know About Divorce, or reserve your seat at our monthly divorce seminar - 757-425-5200.