What is considered abandonment?

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What is considered abandonment?

My husband left my son and I and took his name off of our apartment lease without telling me. Soon after I was given a letter of eviction by the landlord to vacate the apartment within 30 days. In a divorce proceeding, does this qualify as abandonment? If yes, is the letter I received the evidence I would need to provide?

Asked on December 1, 2010 under Family Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In Virginia it is known as desertion as well as abandonment.  there area tow types; actual and constructive.  Constructive is when the parties still live together but say there is no sex.  Actual is actually leaving.  There has to be proven the willful desire or the intent to desert and the cutting off of the marital relationship.  In Virginia, there is no specific time period during which the desertion must continue, but you must wait a year before filing for divorce.  Whether or not the letter helps to prove abandonment would best be asked to an attorney that can review it. But i would definitely hold on to it for a while here.  Good luck. 


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