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After ten years of marriage, two children, and two attempts at marriage counseling, my husband and I are divorcing. We have agreed to go to mediation and try to get through this as amicably as possible. Question: my husband has refused sex for the past 13 months and has not approached me for sex in the past 4 - 5 years. Is there any advantage to file for divorce under the grounds of constructive abandonment in Virginia? I understand that I will still have to wait the one year waiting period, so is there any real advantage to bringing up this contentious point (more child support, possible alimony, he pays legal fees, etc.)? If the chances are low, then why should I stir the pot on this issue.
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