Legal Question in Family Law in Virginia
Can I Just Move Out?
I need to get out of a very bad marriage but I don't know how. We have no children. My husband is an attorney and has been verbally and emotionally abusing me for a long time. He is impossible to talk to about our relationship because he is irrational, cruel and vindictive. If I file for divorce it would be like throwing gasoline on a fire and I am not going to put myself through that. If he divorces me and I don't contest it, then at least he can feel like the winner and will leave me alone, but if I move out and he files for divorce on grounds of abandonment (and I don't contest it), does that mean I lose my rights to a property settlement?
1 Answer from Attorneys
Re: Can I Just Move Out?
No, it does not mean that you would lose your rights to marital property nor, under the circumstances which you've described, would your moving from the marital home likely be considered abandonment.
You would, nevertheless, be well advised to arrange for a consultation with an attorney who is appropriately knowledgeable and experienced in Virginia domestic relations law in order to discuss your particular situation and for this person to advise you, accordingly.
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