Fairfax, VA Divorce And Family Law Attorney Claudia J. Zucker On Adultery And Divorce
As a divorce lawyer in Northern Virginia, a number of my clients have sought to terminate their marriages because of spousal infidelity. The commonwealth of Virginia agrees that unfaithfulness is reasonable justification for a dissolution of marriage, and adultery is one of the several listed grounds for divorce in the Virginia Code.
But the question that always comes up is why a petitioner would opt to use this reason when they could just as easily pursue a no fault divorce on the grounds of a one year separation of the parties? In fact, establishing infidelity can be an onerous task for a divorce lawyer and it requires additional evidence that's not needed in a divorce based upon a one year separation of the parties which is much more easily proven. While it's not always in my clients' best interests to pursue at fault divorce, there are some cases where proving infidelity can benefit the outcome of their divorce settlement or outcome of their litigation.
Proving Dissipation of Assets
As a divorce lawyer, one of the things that I want to examine is just how much money the unfaithful spouse spent on his or her affair—particularly after divorce papers have been filed at the Fairfax courthouse. In Virginia, with a few exceptions, property is jointly owned by both spouses until the divorce is finalized. It's not uncommon, however, for a cheating spouse to spend money on vacations, hotel rooms, plane tickets, jewelry, et cetera. Because the money doesn't solely belong to either party, it must be accounted for. Additionally, some spouses will try to transfer assets to their paramours in an attempt to avoid having them included in the divorce settlement. If this occurs, my client may be entitled to more than he or she previously believed.
As Leverage for Alimony or Spousal Support Actions
Whether or not an affair has occurred may not affect the calculation of spousal support, but if adultery can be proven, it can prohibit the cheating party from collecting spousal support in Virginia. A cheating spouse may only collect spousal support if they can prove that it would be a manifest injustice not to collect. It is extremely difficult to prove a manifest injustice and adultery usually prohibits the collection of spousal support.
Fairfax, VA Family Law Attorney
Regardless of whether you are seeking a divorce based on specific grounds or a no-fault dissolution of marriage, if you or your spouse resides in Fairfax, Arlington, Loudoun, or Prince William counties, family law attorney Claudia Zucker wants to hear your case. Contact her Fairfax, VA office at (703) 596-1005.
