Court of Appeals Affirms Finding of Desertion, Awards Appellate Attorney’s Fees

Gentry Locke for the Appellee

Circuit Court of Carroll County and the Court of Appeals of Virginia

In a divorce appeal, the Court of Appeals of Virginia has affirmed a trial court’s ruling that the husband deserted the marriage. The desertion finding was supported by evidence that the husband belittled his wife, placed demands on her that she could not meet, and voluntarily left the marriage. The Court also refused the husband a credit for mortgage and car payments he made after the separation. Finally, the Court of Appeals granted our client’s request that the husband pay her attorney’s fees and costs for the appeal. The case is Mabe v. Mabe, 2016 Va. App. LEXIS 185 (2016).