Every year in Virginia, many people experience the devastation of spousal abandonment. Even if a marriage was on rocky ground for some time, a person is never prepared for the emotional fallout of feeling abandoned—or for the legal path ahead.
Understanding more about spousal abandonment in Virginia and your legal responsibilities can help you prepare for divorce and a new chapter in your life.
What Constitutes Spousal Abandonment?
Virginia law allows for at-fault divorces, meaning that one spouse can file for divorce citing the other spouse’s misconduct. Spousal abandonment, also called willful desertion or marital abandonment, is grounds for an at-fault divorce.
Under Virginia law, a person commits spousal abandonment by leaving the marital home as an act of knowingly ending the marriage. A spouse who leaves the home because both spouses have decided to separate does not commit abandonment.
Conditions for Spousal Abandonment
Spousal abandonment must meet these specific conditions:
● They stopped living with the other spouse without the other spouse’s consent
● They intended to desert the other spouse
● The other spouse did nothing to justify their abandonment
Types of Spousal Abandonment in Virginia
In addition to willful desertion or abandonment, Virginia law has other categories of spousal abandonment.
● Criminal abandonment: The courts also recognize that a person has committed criminal abandonment if they’ve left their spouse without any financial support or a means to contact them. This can apply if the abandoned spouse has health issues or the couple has minor children. In this scenario, the person who left has abandoned their marital duties.
● Constructive abandonment: “Constructive” spousal abandonment occurs when one spouse makes living inside the marital home intolerable due to physical or mental cruelty, adultery, or substance abuse. Under these circumstances, the spouse who moved out of the marital home would not be at fault. Rather, the misconduct of the other spouse forced them to leave.
Filing for Divorce Based on Spousal Abandonment in Virginia
To file for divorce based on spousal abandonment, the abandoned spouse must provide supporting evidence. This can include:
● Emails, texts, letters, notes, or other correspondence
● Bank statements and financial statements proving that the deserting spouse has not met their financial obligations
● Police reports, medical records, and other information documenting abuse
Duration of Divorce Process Based on Spousal Abandonment
If the couple has minor children, spouses seeking a divorce under the grounds of spousal abandonment must live apart and separately for at least one year.
If the couple has no children, they must live separately and apart for at least six months, provided they can enter into a postnuptial agreement.
Frequently Asked Questions About Spousal Abandonment in Virginia
What constitutes spousal abandonment in Virginia?
What conditions must be met for spousal abandonment?
For spousal abandonment to be legally recognized in Virginia, three specific conditions must be met:
- The spouse stopped living with the other spouse without the other spouse’s consent
- They intended to desert the other spouse
- The other spouse did nothing to justify their abandonment
What are the different types of spousal abandonment in Virginia?
Virginia law recognizes three types of spousal abandonment:
- Willful desertion/abandonment: Voluntarily leaving the marital home with intent to end the marriage
- Criminal abandonment: Leaving a spouse without financial support or means of contact, especially when the abandoned spouse has health issues or the couple has minor children
- Constructive abandonment: When one spouse’s behavior (physical or mental cruelty, adultery, substance abuse) makes living in the marital home intolerable, forcing the other spouse to leave
What evidence is needed to file for divorce based on spousal abandonment?
To file for divorce based on spousal abandonment in Virginia, you must provide supporting evidence such as:
- Emails, texts, letters, notes, or other correspondence
- Bank statements and financial statements proving the deserting spouse hasn’t met financial obligations
- Police reports, medical records, and other documentation of abuse (if applicable)
How long does the divorce process take for spousal abandonment cases?
The duration depends on whether the couple has minor children:
- With minor children: Spouses must live apart and separately for at least one year
- Without children: They must live separately and apart for at least six months, provided they can enter into a postnuptial agreement
Can I be held responsible for abandonment if I leave due to my spouse’s bad behavior?
Is spousal abandonment the same as separation by mutual agreement?
Contact DiPietro Law Group for Help
If you think that your spouse has abandoned your marriage, or if your spouse’s behavior forced you to leave your marital home, the DiPietro Law Group can help. Their experienced divorce and family law attorneys can help you navigate this difficult time, protect your rights and interests, and answer your questions so that you can move forward. Please contact the DiPietro Law Group today.
