Reply to Virginia Law and Constructive Deseration

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[quote=Anonymous]After 20 years of marriage, I am thinking of throwing in the towel.  I have consulted with, but not yet retained, an attorney.  I am pretty sure the  marriage is over and that divorce is the right decision.  My spouse is verbally and occasionally physically abusive.  I have been attacked physically in the last three months, with the last attack leaving welts and bruises on my back and shoulders.

The lawyer I spoke with said I could sue for divorce on grounds of cruelty.  In researching Virginia divorce law on the Internet, I have come across the notion of constructive desertion.  Marital misconduct that can be construed as constructive desertion includes cruelty, willful refusal of sex, without just cause and nonperformance of other marital duties as to practically destroy the home life, as well as one spouses failure to move in the case the other spouse gets a job transfer.

I am curious what posters think about the willful refusal of sex and non-performance of marital duties.  What, exactly, are marital duties?  What should your spouse be doing or not doing that constitutes non-performance of marital duties?  [/quote]

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