In Virginia divorce law, desertion, or abandonment, refers to the act of one spouse voluntarily leaving the marital home without justification and with the intent to permanently end the marital relationship. This abandonment must be without the consent of the other spouse and must constitute a complete cessation of cohabitation. For example, if one spouse moves out of the family residence and establishes a separate residence, ceasing all marital relations without a valid reason and without the other spouse’s approval, this may be considered a form of desertion.
Establishing desertion as grounds for divorce provides a legal pathway to dissolving a marriage when one party has unilaterally ended the relationship in a demonstrable way. Historically, proving desertion offered a method for a wronged spouse to gain legal separation without having to prove fault in the other party, such as adultery or abuse. This can be significant, especially when evidence of other marital misconduct is lacking or difficult to obtain. It provides a legal recourse and potentially influences the terms of the divorce settlement regarding property division and spousal support.