My friend is dating a guy who is still legally married. The wife left for a year or so and established residence in another state with another man but then came back and has been in the marital home for a few years. My friend believes that her boyfriend (the husband) can now still claim the wife abandoned the home and the marriage, therefore she won't be entitled to anything in the divorce settlement. I told her I don't think this is true because he allowed the wife to move back into the home and she has been there for like 3 or 4 years since she initially left. Does anyone have the answer to this or a way around it? Also, are there some good legal resources I could point her to? We live in Virginia.
PS: I know she should leave this guy; I told her that many times but she doesn't want to. She has been my best friend for 14 years and I want to support her decisions. She asked for my help.
2007-11-04 00:24:46 · 5 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
I didn't do a lot of research but I found this site and I hope it is helpful.
http://www.divorcelawinfo.com/VA/divorce/divexpln.htm
IF she has come back to the marital home, the man obviously has no intentions of a divorce.
Even if they had legal separation papers, the moment he let her move back into the residence, the separation agreement was null and void.
2007-11-04 00:30:31 · answer #1 · answered by pipi08_2000 7 · 0⤊ 0⤋
Once a parent leaves, after thirty days of no contac (phone calls, letters, postcards, etc). Once he allowed her to move back into the home, it became too late to file abandonment charges. I think your friend needs to move on because that man is still married and his wife is still living with him.That in itself speaks volumes. Have her tell him he can call her once the divorce is final.
2007-11-04 07:31:39 · answer #2 · answered by MJ 6 · 0⤊ 0⤋
Like you stated....there are grounds for a divorce TRUE.
Both side has their version of what the truth is... which is why they should GET divorced.
But until that happens... the ground rules stay the same. 50/50 deal until the courts rule something different.
Tell your friend to be careful... NO joint accounts NO joint buying, NO buying houses or cars together.
UNTIL he is free to live a life with her... she should not be sharing her's full time. Way to many things can happen.
IF there really is NO ISSUE with his current wife why is he delaying getting the divorce.... he should be rushing to have it done.
Best of luck to her..... and blessings to you for being a good friend.
2007-11-04 07:43:10 · answer #3 · answered by bigthinker 4 · 0⤊ 0⤋
Tell her to get a lawyer, I live in IL and the laws have changed over the years, so ask the pros.
2007-11-04 07:29:57 · answer #4 · answered by kim t 7 · 0⤊ 0⤋
He is lying and useing her. She will have to realise that for herself, just be there for her when it ends.
2007-11-04 07:30:52 · answer #5 · answered by holly 7 · 0⤊ 0⤋