Walker v. Walker

Citations

• 120 Va. 410
• 91 S.E. 180
• 1917 Va. LEXIS 122

Syllabus

<p>1. Divorce—Desertion.—Testimony that a wife left of her own accord; that her husband gave her no cause to leave him; “that she just got tired, and decided to leave, and left,” will not warrant a divorce a vinculo matrimonii.</p> <p>2. Divorce—What Constitutes Desertion.—The desertion, to justify a decree for an absolute divorce, must be a willful desertion, and the court to which the evidence is submitted can only determine whether or not such desertion is willful by having all the facts and attendant circumstances fully and frankly presented.</p> <p>3. Divorce—Evidence of Desertion.—The evidence in a suit for divorce for desertion should show all of the circumstances immediately preceding the separation; such as, whether the departure was secret or open, whether it was accompanied by any threat to remain away or by promises to return, and every other pertinent declaration or circumstance to enable the court to determine whether or not the desertion was willful. It should also show the events immediately succeeding the separation, such as the efforts, if any, to ascertain the new place of residence of the consort complained of, as well as the efforts at reconciliation,.if any, of either of the parties. The policy of the law is against divorce by consent, and if the sanctity of . the marriage tie is to be preserved and divorces by consent prevented, . full and satisfactory evidence should be required, so that the court may determine the legal questions involved from the facts presented, and a decree for an absolute divorce for desertion should not be granted unless the evidence proves willful desertion without justification or excuse.</p>