Can someone point me to the Virginia law(s) that make it financially risky to move out of the house before the divorce is finalized? What an insane game of gotcha for a couple in a contentious divorce. I hate everything about this story. |
I remember the evidence from back then. |
Do you know what no fault divorce is? It’s exactly what you have described. |
I don’t know the law but a friend of mine moved out of the marital home while her ex was away on a business trip and he claimed she had abandoned the home (as in abandoned her financial claim to the home) and the judge agreed, so the ex got the house and didn’t have to buy her out. This was 10 years ago in NOVA. |
|
I can’t believe TMZ is covering this… Sounds like court documents say he stopped paying the mortgage, stopped private school payments and did not pay child support in the last few months.
https://t.co/1mS3cPhIDS |
Seeing Virginia lawmakers posting thoughts and prayers-style messages together with a domestic violence hotline makes my blood boil. Do something meaningful. Pass legislation that facilitates a woman’s safe exit from a bad marriage without requiring her to forfeit her assets, for starters. |
This poor woman was probably so stressed out the last few months of her life. |
And they can. The waiting periods are for no-fault divorces. You still have the ability to seek an at-fault divorce with no statutory waiting period (getting on the court docket is another matter). |
Virginia has had 6 months for at least 25 yrs if you have no kids. |
| NY Post reporting a judge had ordered Fairfax out of the home by April 30. |
And look what happened! I'm not saying he can't see the kids but he was abusive towards the mom and killed her. Those kids saw abuse in the home. They are now a witness to extreme violence. Sad. |
Sadly, abusing your wife has no impact on custody in Fairfax County until it becomes extreme violence. |
I think you’re conflating the laws you must be separated for a specific amount of time before filing for divorce. If you move out you don’t automatically forfeit your assets the only time you forfeit potentially is if “When it could be considered abandonment A court might see it as desertion if you: Leave without explanation and cut off contact Stop contributing financially when you’re able to Leave your spouse (or children) in a difficult situation without support Intend to permanently end the marriage without going through proper separation steps Big exception: leaving for a good reason Even if your spouse claims abandonment, it’s usually justified (and not held against you) if you left because of: Cruelty or unsafe conditions Serious conflict making cohabitation unreasonable Practical takeaway If you’re planning to move out and want to stay on solid ground: Make it clear: “I’m separating” (text/email is fine) Keep contributing fairly to bills or support Stay involved with your kids (if applicable) Don’t vanish or cut off communication abruptly |
This is true because I'm the above poster. Married to a doctor that abused me. It was hell and I was afraid he would kill me. I now live in a gated community and I have a sophisticated alarm system. I hope Virginia laws can be changed. |
I'm sorry that happened to you. I'm glad you're safe now. |