Legal Question in Family Law in Virginia
My sister from VA is thinking of a divorce.What are her rights?
My sister is visiting me and realizes she is happier in FL w/o her abusive, drug addict alcoholic, abusive husband. (He calls her fat, ugly, bald and stupid).
If she decides to divorce, is she still entitled to 1/2 their marital residence, 1/2 of investment properties and 1/2 of their 38 cars? Are her rights revoked because she left the state?
If there are any fees for your responses, please ignore this query. Thank you.
2 Answers from Attorneys
Re: My sister from VA is thinking of a divorce.What are her rights?
My answer is more questions. Did she and her husband last live in Virginia? How long ago did she move to Florida? Where was the marital residence? . . . the investments? . . . the cars?
If all that's in Virginia, she will have to get the Virginia courts involved in the process. Leaving the mariage may be justified if he is really a bad actor. There is no desertion if she was justified in leaving.
At all events, "fault" in the marriage is not given much weight in dividing property.
Your sister needs an attorney.
Re: My sister from VA is thinking of a divorce.What are her rights?
If she can show the marriage was destroyed by his cruelty and not by her desertion, she should do fine. Property division, called equitable distribution, is usually around 50/50, and rarely more harsh than 60/40. There is also a possible alimony issue.
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