Virginia Divorce ~ Constructive Desertion
Constructive desertion is typically described as one person leaving the actual marriage, not necessarily the home. One thing to consider in a divorce is you may have been deserted if your spouse does not physically leave your residence. If your spouse’s behavior or misdemeanor is extremely cruel then you may be able to leave the home and charge your spouse with constructive desertion in your divorce.
Here are some typical examples of things that come up in a divorce that may be eligible for constructive desertion :
Behavior or conduct that endangers the other spouses’ life, health, safety and even self respect if more than one instance of self respect related damages have been proven.
Refusal of sexual relations willfully and without cause. In addition you must prove that the spouse has also stopped participating in mutual responsibilities of the marriage.
If a spouse refuses to move if there are necessary life changes to be made, for example a new job, caring for a parent, etc. The only exception to this rule is if the living environment is unacceptable to the spouse unwilling to relocate.