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. |
A lawyer who knows the woman is facing abuse in the home has an additional duty though. |
Helpin g other women would be changing a bad law that makes a woman choose between staying in a bad situation and her financial safety net. |
I’m sorry but no one would ever believe that a man who once loved you and had two children with you, plus a public profile, would ever be capable of murdering you and leaving his own kids in this state. No one would have called this a likely outcome at this time last week. |
The law should not intentionally create lose/lose situations. |
If we knew all the facts? Of course it would be clear he was deeply dysfunctional and had a gun. I wouldn’t have predicted it but 100% not surprised in retrospect. |
💯 |
Virginia is incredible regressive when it comes to women's rights in marriage. It would behoove people outraged to call their elected officials rather than blame and express incredulity toward a woman just murdered by her husband. |
My point is, if I had been in her shoes, I never would have dreamed it would come to this. |
Congratulations you've never been in an abusive relationship. I have and he attempted to kill all of us once. 10+ years later it's a non-zero chance he could become violent again even though I haven't been with him for over a decade. That said, correct, she had no police documented instances of violence which would make what you or the other poster above says wrong. She would have no evidence to show a judge that she wasn't abandoning the property or just plain crazy or making it up. Just like the rape victims who we can see people still believe that somehow they were lying. |
But you aren't her and, presumably, no nothing about what was going on. She very well could have known there was a danger but legally she had exhausted her options. |