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.
Parties can charge one another with adultery at any time and the existence of a separation agreement does not protect a party from being so charged.
Constructive desertion is a ground for divorce that requires the spouse leaving the marital home to show that the conduct of the other amounts to a ground for divorce, such as cruelty.
Cruelty and Reasonable apprehension of bodily harm: Cruelty requires acts that generally cause bodily harm and make living together unsafe.
One act of violence is generally not considered a ground for divorce unless the act was so atrocious as to endanger life, or it caused reasonable apprehension of danger in the future.
As with willful desertion or abandonment, if you have cruelty grounds for divorce you may file for divorce from bed and board immediately after separation.
The grounds for a divorce from the bonds of matrimony are: (1) living separate and apart for one year (or six months where there are no children and the parties have entered into a Property Settlement Agreement), (2) adultery, sodomy, or buggery, (3) conviction of a felony, (4) willful desertion or abandonment after a one year period, and (5) cruelty and reasonable apprehension of bodily harm after one year from the date of the cruel acts.
Willful desertion or abandonment: desertion is a breaking off of the marriage cohabitation and the intent to desert is required.
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.
If Your spouse's conduct does not warrant your leaving, he or she may be able to sue you for actual desertion.
Therefore, absent physical abuse, it would be wise to consult your lawyer before leaving home.
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.