Some small gain? Seriously? And any situation that ends in murder is not “mildly abusive.” I’m sorry your spouse called you names. Come back when he filed false reports against you, repeatedly threatened suicide as emotional blackmail, abandoned any financial contribution to his family and started wrecking up debt that could accrue to you, bought a gun with your kids activity money, and spent his days at the bottom of a bottle. And probably threatened to use his law license to make your life (ie your children’s lives) hell. Then you can instruct is how you got out of that, and I will tell you that maybe you’re not so innocent because you picked an abuser in the first place. |
So your idea is that we should advise women they need to stay in the same house as a spiraling, abuse man with a gun because they may give him a ground to claim fault in a divorce? |
See, this is the difference between a lawyer who is versed in Virginia family law and someone is not. If you don’t want this to be the law, call your representatives. |
For two more weeks when she’s already endured it for years? I’m sure you were just certain that this would be the outcome in a two-week window. |
My idea is to lock up spiraling abusive men and take away their guns. Instead we hand them 50/50 custody and palimony and let them compile their little arsenals until they either kill their women or pick on the wrong white guy. The only “good” solution for abusers is to execute them. There, I said it. |
The fate of “growing up dirt poor”??!! I’d take that 100 x over staying with someone like Fairfax, especially after his previous alleged crimes were revealed. What a shame he was never prosecuted!! Maybe his wife would have left him earlier. From what I’ve read, she only became disenchanted when he was no longer able to pull in a high income |
| This is a horrific tragedy. I’m so sorry for the children and for Cerina’s extended family. |
| We really shouldn’t be judging how Cerina handled any of this. This woman was managing a household, her own private dental practice, and a ticking time bomb living in her house. Expecting her to make absolutely perfect clearheaded decisions isn’t right. It sounds like she tried her best and that’s all anyone really can do. |
| Can we also remember the Gardners? Disgusting example of political power to discredit the girls and move the community against the girls. |
But also this was the likely outcome no matter where she lived. I'm the DV survivor that doesn't truly believe my ex couldn't still kill me today should his life suddenly go to sh!t. Abusers believe they own you and that you are the source of all their issues. |
They don't say "you're not allowed to leave the home and you shouldn't leave the home." The lawyer says, "You have to recognize that Virginia considers desertion to be a ground for at-fault divorce and is one of the only states in the country to do this. While I will argue vigorously that you had a justified departure, we don't know what the judge will find, so there is real risk there. If you're found at-fault, that will mean you could end up with fewer marital assets under an 'equitable distribution.' It can also play a role in custody determinations. Only you know what is best, but I wouldn't be doing my job if I didn't fully advise you of the risks." |
Lawyers don't generally tell their clients whether to stay or leave. They advise their clients of the risks of various choices and leave it to the client to decide what risk/benefit they're comfortable with. I really hope this is a wake-up call to the legislature about "desertion" being a ground for at-fault divorce in Virginia. |
That is an outrageous law. |
Monday morning QB but she should have. It’s not like he could pay for it. She should have made an arrangement with the mortgage company to assume it behind his back. |
And then they need to fully advise her of the risks of staying as well. Based on the description of how contentious things got (she locked him out of the cupboards and WiFi) there was nothing to be gained by staying. Pressuring a wife of a mentally ill man with a gun to stay in the household would be malpractice full stop. If that is what happened I would like to see it addressed by the Virginia Bar. |