Legal Question in Family Law in Virginia

Desertion

Stay at home mother for 14.5 years, husband walked out without a separation agreement in place and no forwarding address, etc. He still pays all the bills. I filed for a divorce on the grounds of desertion. Do I have to prove desertion?


Asked on 3/11/08, 11:51 am

2 Answers from Attorneys
Ruth Emily Kochard Ruth Emily Kochard, Counselor at Law

Re: Desertion

Yes, you would have the burden of proving desertion.

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Answered on 3/11/08, 2:08 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Desertion

If your husband is still paying all the bills, you may may have some difficulty in making a prima facie case for such alleged desertion and therefore that such desertion was willful or that your husband had the intent to abandon his family. (See Va. Code Sec. 20-81.)

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Answered on 3/11/08, 2:34 pm


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