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PETACHENKO v. PETACHENKO

Record No. 831124.

350 S.E.2d 600 (1986)

Gregory C. PETACHENKO v. Mary F. PETACHENKO.

Supreme Court of Virginia.

November 26, 1986.

Attorney(s) appearing for the Case

G. Wilson Nelligar (R. Wayne Nunnally, Nunnally, Lumpkin & Nelligar, P.C., on brief), for appellant.

Melvin J. Radin (Ermlich & Radin, P.C., on brief), for appellee.

Present: All the Justices.

COCHRAN, Justice.

In this appeal, we determine whether an act of sexual intercourse between husband and wife during the pendency of their divorce case requires that a suit for divorce on the ground of desertion be dismissed.

On September 27, 1978, Mary F. Petachenko filed a bill of complaint in the trial court seeking a divorce from her husband, Gregory C. Petachenko, on the grounds of constructive and actual desertion. Gregory filed an answer and cross-bill...

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