Why Is It So Hard To Prove Adultery In Virginia? | DiPietro Law Group, LLC

Video Overview

Proving adultery in Virginia divorce cases is particularly challenging because adultery is technically still a crime in the state. Though it’s rarely prosecuted, adultery is classified as a misdemeanor. As a result, the burden of proof for adultery in a divorce case is higher than for most civil cases. In criminal cases, the burden of proof is much higher, requiring evidence beyond a reasonable doubt. Since adultery is considered a crime, when it’s brought into the civil context of a divorce, the same higher standard applies, making it more difficult to prove.