Reply to Former Lt. Gov. Justin Fairfax

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]It is reported they were in the middle of a messy divorce. So awful. [/quote]

Ugh.  Another layer of awful. [/quote]

In Virginia, you must be separated for a year in order to get divorced and you can live in the same house while being separated (if you move you it can be seen by the court as abandoning your claim to the house, happened to my cousin). Reports are that the couple had started this process so I am not surprised they were both still living in the house.

Fairfax made an accusation against his wife earlier this year that she had physically assaulted him. Apparently she had cameras in the house and after reviewing the footage the police determined the assault claim wasn't valid and there was a scheduled upcoming court date re this incident which could be what triggered the current awful events.

There were 2 teen sons in the house. This is absolutely awful.[/quote]
I hope this is a wake up call to change the law re: leaving the home. It forces women into staying in a potentially very dangerous situation.[/quote]
That and the 1 year separation. What is the purpose??
Tragic. [/quote]
Maryland recently shortened their one year separation requirement to six months if there are no children in the marriage. I think the rationale is that the state has an interest in wanting couples to be sure they need to get a divorce before they do? Not supporting this.[/quote]
The part they need to change is about "home abandonment." Fine, make people wait, but don't penalize their assets for leaving to do so.[/quote]

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.[/quote]

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. [/quote] 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[/quote]

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