Full question:
If, upon asking my wife for divorce, she gets mad and kicks me out of the house, and I do pack up and live elsewhere, can she later say I abandoned her? Would I need some kind of written statement from her (not likely to be obtained, of course) that she wants me out of the house?
- Category: Divorce
- Date:
- State: Virginia
Answer:
In Virginia, all contested divorces require proof of grounds. If you file for divorce, you must establish your grounds beforehand. During the divorce process, it's important to avoid actions that could give your spouse grounds for divorce, as this may be used against you.
In Virginia, you can live separate and apart under the same roof, but this can be difficult to prove. The grounds for divorce include: 1. Adultery; 2. Felony conviction (at least one year imprisonment); 3. Cruelty; 4. Desertion; 5. Voluntary separation (six months with a written agreement and no children, otherwise one year).
Desertion, or abandonment, occurs when one spouse leaves the marital home intending to remain apart permanently, without the other spouse's consent. Generally, the spouse who leaves unjustifiably is considered guilty of desertion. However, if your spouse's misconduct caused you to leave, this could be seen as constructive desertion, which may justify your departure.
Additionally, an offer or demand to return to the marital home can terminate the grounds for divorce based on desertion.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.