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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 28065
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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What is Considered Desertion in Divorce Law in WV? Sorry,

Customer Question

What is Considered Desertion in Divorce Law in WV?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Sorry, WV
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: What evidence is needed WV for Adultery also in WV
Submitted: 11 months ago.
Category: Legal
Expert:  LegalKnowledge replied 11 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  LegalKnowledge replied 11 months ago.

Willful desertion or abandonment for six months is a ground for divorce from marriage in West Virginia. Desertion in divorce law is the voluntary separation of one of the married parties from the other. In order to prove desertion, it must be shown that a party to the marriage broke off cohabitation and that there was an intent to desert in the mind of the individual who broke off the cohabitation. In order to prove desertion, both of these elements must be made. A mere separation, agreed to by both parties is not considered a desertion by either party. This means that if the separation of a husband and wife is agreed to, or if one of the parties goes along with the separation, a suit for divorce on the grounds of desertion cannot be maintained.

Expert:  LegalKnowledge replied 11 months ago.

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