Wright v. Wright

Citations

• 125 Va. 526
• 99 S.E. 515
• 4 A.L.R. 1331
• 1919 Va. LEXIS 42

Syllabus

<p>1. Divorce&emdash;Insanity as Bar&emdash;Desertion.&emdash;The insanity of the defendant is no bar to the prosecution of a suit for divorce for a cause which accrued before such insanity began. Thus, where a divorce is sought on the ground of desertion and the desertion- had continued for three years before the insanity of the defendant intervened, then the cause of action would be complete and the insanity would be no defense.</p> <p>2. Divorce&emdash;Insanity as Ba/r&emdash;Desertion.&emdash;Where a divorce is sought on the ground of desertion and it appears that within three months after the alleged desertion the defendant became insane, and remanded so until suit for divorce was begun, the insanity of the defendant is a bar to the suit.</p> <p>S.Divorce&emdash;Desertion,&emdash;Insanity.&emdash;The Virginia statute (Code of 1904, sec. 2257) provides that a divorce from the bond of matrimony may be decreed to the party abandoned “where either party willfully deserts or abondons the other for three years.” Under this statute, at any time during the three years succeeding the abandonment the offending party has the undoubted right to return to the other, and if that right is exercised there is no ground for divorce. For three years, in Virginia, such offender may repent and return. The ground for an absolute divorce does not accrue from the mere abandonment. It must be willfully continued for the period fixed by the statute, and the cause of action does not accrue until that time has elapsed. Of course, an insane person is incapable of forming the intent, either to continue the desertion or to seek a reconciliation.</p>