Northern Virginia Divorce Law Firm Experienced in Divorce Due to Adultery
Arlington, Virginia Family Lawyer Will Protect Your Rights in Divorce
According to Virginia law, clear and convincing evidence is required for a finding of adultery, which is a higher standard of proof than other grounds for divorce in the Commonwealth. Virginia law also requires corroboration of the adultery, meaning evidence or testimony from some outside source (not the other spouse’s word or even the spouse’s own admission) that the spouse indeed committed adultery. Eyewitness testimony is not required, however.
Defenses to an Adultery Charge
Virginia law provides for several potential defenses to a charge of adultery, including:
- Condonation – when the parties voluntarily resume sexual relations and continue living together after the innocent spouse learns of the adultery.
- Connivance/Procurement – when the innocent spouse actually encourages or facilitates the adultery.
- Recrimination – proof that the accusing spouse is guilty of one of the fault-based grounds for divorce – cruelty, adultery, or desertion.
- Time-Barred – when the divorce lawsuit is filed more than five years after the adultery, the divorce will not be granted on the adultery ground.
Although Virginia law does not exact any type of fine or punitive damages from the spouse who committed adultery, adultery may have an impact on the distribution of the parties’ marital assets and debts. In most cases, adultery will not significantly impact the court’s rulings on child custody and visitation, but adultery might have a tremendous impact on the issue of spousal support.
Contact an Experienced Virginia Divorce Attorney Today
Are you involved in a divorce that is due to adultery? Attorney Claudia Zucker has been representing Virginia clients in divorce matters for more than two decades. Contact our firm online or call (703) 596-1005 to schedule your initial consultation today.
