You’re deliberately missing the point. No lawyer says “you must stay in the home.” The lawyer has a very real obligation to explain that in Virginia, deserting the home can make the divorce at-fault. If the woman is found at-fault, than can reduce the allocation of assets, eliminate spousal support, and potentially influence custody decisions. The defense to desertion is “justifiable departure,” but the lawyer has to advise that there is no guarantee the woman will win that defense. |
Please be honest about what YOU are saying - women have to stay in the same house even with a dramatic breakdown of the relationship. It’s just not true. It is a difficult situation but there are legal options. Not saying it always works out but the idea of complete lack of power and agency is wrong too. Pick yourself up and get out. |
What misinformation, exactly? What about a situation I have recounted precisely is “misinformation”? |
If a lawyer knows his client or the children are at physical risk in the home then he certainly needs to take steps to prevent that. |
That abused women have no option other than to stay in the home. |
That is not the lawyer’s job. The lawyer’s job is to advise the client about their options and the potential ramifications of each choice. The lawyer should be empowering the client to make their own decision, not selecting for the client. You completely misunderstand the attorney-client relationship and the attorney’s duties to the client. |
wtf of course it is the lawyer’s job. |
You are twisting and turning to avoid saying with specificity what you are saying women married to abuser should do. So, since you won’t be honest, I’ll say it for you: you are saying that women with children in violent abusive relationships should leave their children with the violent abusers and leave the house, then seek temporary custody after having left the children with a violent abuser. That is your recommendation. You are free to recommend that course of action, but most mothers, even ones being physically abused, will never leave their children unprotected and alone with a violent abuser. |
You’re clearly not a lawyer, much less one who works with abuse victims. You don’t make the decisions as a lawyer, the client does. Your job is to accurately advise the client about their options. You do not make decisions like that for the client. And you cannot breach attorney-client privilege except in extremely rare circumstances. |
Are you the same ignorant poster who keeps recommending abused women leave their children with the abuser? If so, you are too uninformed to be engaged in this discussion. There is no good option for abused women with children under the law of most states. The family court system protects the abuser. That is grim reality. You are living in some crazy idealistic dreamworld and sound increasingly uninformed. My friend’s situation in California is not unusual. It is reflective of the current state of the law in California. |
Adding here that then the court or opposing counsel could argue, "Well, she left the kids with him [the abuser], so how bad could he really be?" Then she has an even more uphill battle for custody. |
So your answer is yes. If you can't keep track of the various strains of conversation happening in this thread, you can go to timeout and take a breather. |
Dp: Of course, they also have the option to leave, and thus lose their rights, money, and possibly their kids. The law should not be forcing this lose-lose situation. What good reason is there for such a law that outweighs the needs to prevent this? |
That's the point. There was no law saying that she had to stay. |
Y’all don’t understand what “law” is. Virginia recognizes desertion as a basis for granting an at-fault divorce. |