Q: My spouse and I will be attempting in home separation in Virginia. He is an airline pilot. If I take a trip to visit
family or friends or just go to a hotel or an apartment while he's off work and in the home every week, is that desertion? I would make it known to our adult children and my family and friends that I'm returning on a certain date each time. He initiated the divorce. I have agreed. Update: it is given that I would be letting him know that I would be returning! The telling of everyone else is so he could not claim desertion.
A: Temporary absences without the intent to separate permanently do not amount to desertion in Virginia. The court may view the trips to visit family and friends differently than leaving to go to an apartment or hotel when your spouse is home differently, however. Also, notifying other people that you intend to return is not the same as letting your spouse known you will be home again.
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