Virginia Legislators Refuse To Decriminalize Adultery

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Most Virginia residents are familiar with the fact that adultery can serve as a fault-based ground for divorce. But did you also know that it is a crime? Although adultery charges are not common in the Commonwealth, they do exist. While many states have repealed criminal laws like this, considering them archaic and an invasion of privacy, the Virginia Assembly recently voted not to decriminalize adultery.

Cheaters Beware

Adultery is classified as a Class 4 misdemeanor in Virginia. This means that while you won’t face jail time if convicted, the maximum fine is $250. However, obtaining convictions for adultery has proven difficult for Virginia prosecutors. There have only been eight convictions throughout the past decade.

Concerns & Critics

Many critics of Virginia’s adultery law argue that the Commonwealth should not criminalize a person’s private life. The argument against the law is that it violates an individual’s right to privacy without serving any legitimate purpose.

For years, Virginia legislators have attempted to repeal the criminal anti-adultery statute without success. State Senator Scott Surovell proposed decriminalizing adultery and imposing a civil penalty instead. Under this proposal, cheaters would still face a fine of up to $250 but would avoid having a criminal record. Despite these efforts, Sen. Surovell’s bill was defeated, and adultery remains a criminal offense.

Adultery and Divorce

Whether or not adultery is a criminal offense, it is a serious issue that can lead to the end of a marriage. If you are considering filing for divorce based on adultery or other grounds, it is important to consult with a qualified family law attorney.

Legal Support

The experienced family law attorneys at the DiPietro Family Law Group have decades of experience handling family law issues in Northern Virginia, Maryland, and Washington, DC. Contact us today for a consultation or visit our website.