What is a constructive desertion?

Constructive desertion is a type of desertion that is recognized by Virginia divorce law. Constructive desertion occurs when one spouse’s actions or inactions are so bad that the other spouse is forced to leave the marriage, even though no actual physical desertion has taken place. This type of desertion occurs when a spouse’s behavior is so intolerable that the other spouse has no choice but to leave the marital home, resulting in abandonment. Examples of acts or omissions that could be considered constructive desertion by Virginia law include excessive drinking or gambling, violence, verbal or emotional abuse, infidelity, refusal to provide medical care, refusing to accept responsibility for providing support, interfering with communication, or refusing to move to a residence convenient to the other spouse. Constructive desertion is distinguished from actual desertion, which involves one spouse actually leaving the marital home with the intention of not returning or communicating. Constructive desertion can be grounds for a fault-based divorce in Virginia. In order for a constructive desertion to be considered grounds for a fault-based divorce, it must be proven that the spouse engaging in the intolerable behavior had intent to abandon the marriage.

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What is a constructive desertion?

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