Constructive Desertion (Virginia). Wording for narrative?

[BubbaGumpShrimp]

Any things I should specifically hit on or language to use for the narrative that I'll be turning in to my lawyer? I've got two pages written up at the moment. Just wondering if there's a particular way I should word it.

CONSTRUCTIVE DESERTION

You also can be deserted even if your spouse does not leave. If your spouse's behavior is so cruel or despicable that you find yourself dialing suicide prevention, you can leave and charge your spouse with constructive desertion. Constructive desertion is basically defined as one person leaving the relationship-not necessarily the home. The following are some cases of marital misconduct that have been applied to constructive desertion:

Willful refusal of sex, without just cause and nonperformance of other marital duties as to practically destroy the home life. The denial of sex alone does not constitute desertion. The spouse also has to stop carrying out the mutual responsibilities of the marital relationship.

Conduct that endangers a spouse's life, safety, health, and even self-respect (although an isolated assault or two will not necessarily constitute cruelty unless the act was particularly severe and atrocious).

One spouse's failure to move if, for example, the other gets a job transfer. The exception is if one spouse's choice of domicile is unsafe or unsuitable for the other.

http://www.vadivorceonline.com/vapages/Divorce/divorcerequirements.asp#18

[Trevor]

Why am I not surprised that such language as "marital duties" is going on presently in VA, and at the same time appalled that this is Jefferon's own VA where it's happening. [Rhet.]

[demurrer]

Any things I should specifically hit on or language to use for the narrative that I'll be turning in to my lawyer?

Make a trip to your local court house law library and take advantage of free westlaw, nexus/lexis, and other databases to get language your attorney would search for on his/her own.

Here's a case law example for your jurisdiction to look at: http://webservices.lexisnexis.com/lx1/c ... 1loc=FCLOW

Lay out the facts and let your attorney decide what to write. Divorce law is so convoluted and warped that non-divorce attorney people are at a disadvantage when figuring out what to write.

My nj/stbx filed for constructive abandonment and a Defendant's Demurrer sent her out of Court to amend her Bill of Complaint. Hopefully her very experienced attorney gets it figured out or else her whole divorce case will get dismissed (and my counterclaim will take the counter-plaintiff position with abandonment). Nj/stbx's very experienced attorney forgot that "cruelty" needs to be in at least 1 claim in a complaint based on constructive abandonment. Yes, I have very lofty goals thinking the wind might start blowing in my favor.

If you're not from CA or VA a Demurrer is (archaic and) roughly the same as a Motion to Dismiss that's filed in response to a (divorce Bill of) Complaint.

[BubbaGumpShrimp]

That's what I wound up doing. Here's a few highlights...straight out of several divorce references (for anyone else going down this road).

On x, after less than a year of marriage, I left my home due to my deteriorating health caused by the intolerable living conditions of my home. I feared for my well-being.

My wife and I were married on x . From the start, 'x' changed and became verbally abusive and overbearing. She refused to complete the most simple of household chores including laundry and simple cleaning. In addition, her parenting skills for her two children from a previous marriage were severely lacking. In no time at all, the home became a dysfunctional and hostile environment.

I am seeking a divorce on the grounds of constructive desertion due to cruelty and my spouse’s refusal to carry out the mutual responsibilities of the marriage. Her abusive treatment contributed to an explosive atmosphere that endangered my health, destroyed my self-esteem, and threatened the well-being of the children. The living conditions were intolerable and her continuous abusive conduct and manipulation provoked my leaving the home. I could not live in an environment of demeaning verbal abuse and intimidation. The stress induced atmosphere caused my health to suffer. ....

Why am I not surprised that such language as "marital duties" is going on presently in VA, and at the same time appalled that this is Jefferon's own VA where it's happening. [Rhet.]

Yeah. However, the language that's used seems to be DIRECTLY targeting the kind of spouse that I have. No joke...I was pretty much able to copy and paste all of the negative language over to my document (it directly applied...without stretching).

We'll see though. From what the lawyer said, this is a coin toss. She'll have to judge shop, lol (one is very female friendly). At any rate...the main reason that we're putting in for this is that it's the quickest way to get the matter in front of a judge. I'm currently paying 100% of the NJ's living expenses, so I'd like to get that knocked down and/or get her out of the house (that's my short-term goal).

Edit: ****. This isn't going to work. NJ's mother works as a social worker/child advocate for the courts. She'll go in there, lie about whatever she has to, and paint the picture that I'm the bad guy. She regularly testifies in family court, so I'm sure that she knows all of the judges.