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BYRD v. BYRD

Record No. 830932.

348 S.E.2d 262 (1986)

Billy W. BYRD v. Ruth C. BYRD.

Supreme Court of Virginia.

September 5, 1986.

Attorney(s) appearing for the Case

John B. Delaney (Delaney and Giammittorio, Alexandria, on brief), for appellant.

Robert B. Machen, Fairfax (Ronald E. Barrett, Barrett and Axilbund, Alexandria, on brief), for appellee.

Present: All the Justices.

RUSSELL, Justice.

In this divorce case, we reexamine the doctrine that one spouse is ordinarily not guilty of legal desertion in separating from the other while a divorce suit is pending between them. Specifically, we must decide whether a divorce suit was frivolous and instituted as a sham to shield the complainant from a charge of desertion.

Billy W. Byrd (husband) and Ruth C. Byrd (wife) had been married 35 years. Their only child was emancipated. The husband...

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