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What is Considered Desertion in Divorce Law in WV? Sorry,

Customer Question
What is Considered Desertion...

What is Considered Desertion in Divorce Law in WV?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Sorry, WV

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What evidence is needed WV for Adultery also in WV

Submitted: 1 year ago.Category: Legal
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10/18/2016
Lawyer: LegalKnowledge, Attorney replied 1 year ago
LegalKnowledge
LegalKnowledge, Attorney
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Lawyer: LegalKnowledge, Attorney replied 1 year 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.

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Lawyer: LegalKnowledge, Attorney replied 1 year ago

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