7 Va. App. 36 - Dexter v. Dexter’s Empirical Analysis

Citation profile

10 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Desertion is a breach of matrimonial duty, and is composed first, of the actual breaking off of the marital cohabitation, and secondly, an intent to desert in the mind of the offender. Both must combine to make the desertion complete.” Zinkhan v. Zinkhan, 2 Va. App. 200, 205 , 342 S.E.2d 658, 660 (1986) quoting Nash v. Nash, 200 Va. 890, 893 , 108 S.E.2d 350, 352 (1958). “The ‘matrimonial cohabitation’ consists of more than sexual relations. It also imports the continuing condition of living together and carrying out the mutual responsibilities of the marriage relationship . . .” Petachenko v. Petachenko, 232 Va. 296, 299 , 350 S.E.2d 600, 602 (1986) (citation omitted). “The burden of proving desertion should be by a preponderance of the evidence.” Bacon v. Bacon, 3 Va. App. 484, 490, 351 S.E.2d 37, 40-41 (1987). The law is settled that desertion as a ground for divorce does not depend on which spouse actually leaves the family home, Zinkhan, 2 Va. App. at 208 , 342 S.E.2d at 662 , and that desertion may occur within the family home or “under the same roof.” See, e.g., Jamison v. Jamison, 3 Va. App. 644, 647, 352 S.E.2d 719, 721 (1987); Goodwyn v. Goodwyn, 222 Va. 53, 55 , 278 S.E.2d 813, 814 (1981); Chandler v. Chandler, 132 Va. 418, 431-32 , 112 S.E. 856, 860 (1922).”

   1 later decision quote this exact passage
   e.g. Lamb v. Lamb