Defining “cruelty” and “desertion” for divorce in Virginia
Written by our divorce lawyers in Manassas
A “fault” divorce in Virginia is based on bad conduct. For it to occur, one spouse must allege that the other was at “fault” for the divorce, because of misconduct that led to the breakdown of the marriage.
For more than 30 years our divorce lawyers in Manassas have been helping individuals resolve complex divorce matters in Manassas, Prince William, Manassas Park, Gainesville, Haymarket, Woodbridge, Lake Ridge, Dumfries, Bristow, Warrenton, Centreville, Fairfax, Stafford, Chantilly, Leesburg, Ashburn, Sterling, Herndon, Reston, Alexandria, Annandale, Arlington, and throughout Northern Virginia.
Cruelty, willful desertion or abandonment are some of the misconducts that can warrant a fault divorce.
What Constitutes Cruelty?
Cruelty usually involves violence or fear of violence. Spouses alleging cruelty must also prove reasonable apprehension (fear) of bodily harm, which can include harm to one’s mental state as well as one’s physical well-being. Acts of cruelty are usually cumulative, augmented by each additional act. However, proof of a single occurrence, which is so vile as to shock a court, may also be enough to show cruelty.
What is Desertion?
Desertion is intentionally leaving the marriage against the wishes of the other spouse. According to our divorce lawyers in Manassas, desertion is not just taking a trip or a break from the marriage. Desertion requires an intention to depart permanently. To prove desertion one spouse must prove the following:
• that the deserting spouse’s intent was to end the marriage
• that the deserted spouse did nothing to justify the desertion
• that the desertion was against the wishes of the deserted spouse
Be careful if…
If there is a mutual agreement to separate, you cannot allege desertion later. If you know your spouse is thinking about leaving, do not agree. If you are the one considering leaving the marital residence, please consult one of our divorce lawyers in Manassas first. Even if you’re justified, leaving the marital residence can have a negative impact on property division, alimony, and custody determinations. The law is more complex and deep then most people think. Having a divorce lawyer in your corner early on can make a world of difference.
If you are in need of an experienced divorce lawyer who gets results, please contact us online or by calling 703-361-0776.
Divorce lawyers in Manassas serving Fairfax, Prince William, Arlington, Manassas Park, Gainesville, Haymarket, Woodbridge, Lake Ridge, Dumfries, Bristow, Warrenton, Centreville, Stafford, Chantilly, Leesburg, Ashburn, Sterling, Herndon, Reston, Alexandria, and Annandale.
