As you may or may not know, Virginia divorces can be either “fault” or “no-fault” divorces. Many other states only have “no-fault” divorces. If you can prove that your spouse committed an act of infidelity, the court may grant you a “fault” divorce, which can give you certain advantages during the divorce process.
Why Proving Fault Matters
For instance, if your husband cheated on you, you can use that as a reason to ask the court to limit the amount of child support and alimony he should receive. Proving the affair can positively impact your financial future. However, you may also feel too upset to investigate the alleged affair or fear that pursuing this could violate your husband’s rights and complicate your case.
How to Approach a Suspected Affair
Here are some ground rules to follow if you suspect infidelity and want to prove it in your divorce:
1. Avoid Acting Impulsively or Out of Strong Emotion
It’s understandable to feel hurt and upset, but it’s important to remain calm and strategic. Rash actions could harm your case.
2. Listen to Your Intuition
Even if you don’t have direct evidence, if your spouse’s behavior or requests for separation don’t sit right with you, trust your instincts. Infidelity can often be suspected without hard proof at first.
3. Document Everything
Keep a private journal where you note down what you think happened, why you suspect infidelity, and any incidents or behaviors that raised red flags. If a friend or coworker saw or heard something, ask them to document it. The more concrete information you gather, the stronger your case will be.
4. Use the Services of Qualified Professionals
Rather than conducting your own investigation — which can be risky and legally problematic — consult an experienced Virginia divorce lawyer. They can help you develop a strategy to prove the affair and secure a “fault divorce,” protecting your rights and helping you achieve a fair outcome.
Get Professional Legal Help
If you suspect infidelity and want to discuss your options, call DiPietro Law Group, PLLC at (888) 530-4374 to schedule a confidential consultation. An experienced attorney can guide you through the process and ensure you make the best decisions for your future.