Adultery in Virginia – What it Means and How it Affects the Virginia Divorce Process

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Understanding Adultery in a Legal Context

While most people have a general understanding of adultery in a social context, the legal definition can be more complex. Adultery, in Virginia, occurs when one spouse engages in a sexual relationship with someone other than their spouse while still married.

Adultery is considered a crime (a misdemeanor) in Virginia, although it is rarely prosecuted. Because of this, the burden of proof in adultery cases is higher. This means that “clear circumstantial evidence” is required to prove that adultery occurred in a fault divorce. Proof can include situations like private meetings in a home or hotel without reasonable cause. Although emails and phone calls may indicate a relationship, they alone are not sufficient to prove adultery.

Types of Divorce in Virginia

Virginia law recognizes two types of divorce:

  1. Fault Divorce
    A fault divorce implies that one spouse’s actions contributed more significantly to the end of the marriage. Grounds for a fault divorce in Virginia include:
    • Abandonment
    • Abusive conduct
    • Felony conviction with a sentence of a year or more
    • Adultery
  2. No-Fault Divorce
    In a no-fault divorce, neither spouse is blamed for the breakdown of the marriage.

Even if adultery is proven, a fault divorce will not be awarded if the spouse committing adultery was forgiven by their partner. Forgiveness can be demonstrated if the aggrieved spouse knew about the adultery but continued to live or sleep with the spouse.

Filing for Divorce in Cases of Adultery

If adultery is proven, the spouse can file for divorce immediately, without waiting the standard six months to a year. In Virginia, the court is instructed not to award spousal support to the cheating spouse unless denying support would cause extreme financial hardship.

If spousal support is awarded despite adultery, the act itself will not impact the amount or duration of support.

Impact of Adultery on Asset Distribution

Adultery can influence the distribution of marital assets, especially if it can be proven that the cheating spouse used marital funds to finance an affair. For instance, if credit card statements show that gifts, trips, or financial support were given to the lover, this can affect how wealth is distributed. Emotional or mental trauma suffered by the wronged spouse or family can also be considered.

Adultery During the Divorce Process

Importantly, adultery can still be relevant even if it occurs during the divorce process. It is advised to avoid entering into new sexual relationships until the divorce is finalized.

Learn More

For more details on adultery and how it may affect your Virginia divorce case, you can watch one of our informational divorce videos.

Need Assistance?

If you need help with your case, contact the experienced attorneys at DiPietro Law Group today at (888) 530-4374 to schedule a consultation. We can provide compassionate, strategic assistance throughout the process, helping you regain peace of mind and strength during this challenging time.

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