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Your own conduct is very important if you wish to succeed in getting a divorce on fault grounds of adultery and actual or constructive desertion.
You must not be guilty of any misconduct which would justify the desertion. If you consent, it would constitute a voluntary separation.
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.
That spouse may actually have grounds for a divorce based on cruelty or constructive desertion.
Therefore, absent physical abuse, it would be wise to consult your lawyer before leaving home.After October 1, 1994, a court has the authority to require either parent to name a child in the parent's health insurance coverage if the parent can obtain health insurance coverage through an employer or any form of group health insurance coverage, and the child can be included at a reasonable cost to the parent.Virginia men’s divorce attorneys provide answers to frequently asked questions about the divorce process and divorce laws in Virginia.Desertion does not always require one party to leave the marital home; it can be proven if one spouse completely abandons his or her marital duties to such an extent that the marriage is intolerable and impossible to continue.Another aspect of desertion is constructive desertion.