What is abandonment in marriage in Virginia?
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What is abandonment in marriage in Virginia?
Willful desertion or abandonment: desertion is a breaking off of the marriage cohabitation and the intent to desert is required. If one spouse leaves the marital home because the other has committed acts that amount to cruelty, then the spouse that leaves is not guilty of desertion.
Is Dating while separated adultery in Virginia?
Under Virginia law, you are either married or divorced, so even though you may be separated from your spouse physically, you are still married in the eyes of the law. If you are having sex with your dating partner, you are committing adultery.
What happens if spouse refuses to sign divorce papers in Virginia?
You may be pursuing a property settlement agreement and counting on her signature for those papers. The only reason you and your trusted attorney are trying that route is to expedite the divorce, so if she refuses to sign, you move on with the divorce anyway.
Can you force your spouse to leave the marital home in Virginia?
In cases of domestic violence, you can seek a protective order which may force your spouse out of the home for up to two years. Once a divorce has been filed, you can seek exclusive use and possession of the home, but you must first have grounds for divorce, such as adultery, or physical and/or mental cruelty.
