My spouse and I have fought and argued for years but are still living together. Can I get a divorce based on "irreconcilable differences" in Virginia?
A: No. "Irreconcilable differences" are not a ground for divorce in Virginia. See "Grounds of Divorce, below.
My marriage is miserable and I am ready to move out. If I do, will I be guilty of "desertion?"
"Desertion" and "abandonment" refer to the unjustified termination of cohabitation with your spouse. Under prior law, this meant that, in order to be justified in leaving your spouse, the other spouse would have to be guilty of something that would constitute a ground for divorce.
Under the present law, the other spouse's conduct does not necessarily have to rise to the level of a "ground of divorce" to justify the other party in leaving the marriage. However, this is a very fact-specific question and one on which you should seek sound legal advice in answering before making any decision.
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Rinehart, Butler, Hodge & Moss, PLC
1259 Courthouse Road
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Stafford, Virginia 22554
Phone: 540-659-2184
Fax: 540-659-8143
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