Fairfax, VA Divorce Attorney Claudia Zucker On Using Adultery As Grounds For Divorce

Throughout the years, many clients and potential clients have come to my office in Arlington, VA enraged by the discovery that their spouses have been unfaithful during their marriages. In many cases, these clients wish to use adultery as the grounds for divorce because, in addition to satisfying their desire to expose their allegedly unfaithful spouse, there is no need to wait to file a divorce as opposed to filing a divorce based upon twelve-month separation period prior to filing the case. It is also advantageous to prove adultery if you are the party trying to prohibit your spouse from receiving spousal support in Virginia. Despite the fact that many divorces in the commonwealth of Virginia result from marital infidelity, adultery is not often favored by divorce lawyers because it can be very difficult to prove.

Common Difficulties in Using Adultery as Divorce Grounds

Because it is a crime for an individual to have sexual relations with a person outside of his or her marriage in the commonwealth of Virginia, a judge cannot compel a person who is accused of adultery to testify against himself or herself. Many spouses learn of their husband's or wife's infidelity in a heated moment in the form of a spontaneous utterance. And while this may seem like proof-positive to the offended spouse, it will have little evidentiary value in a Fairfax court without corroborating evidence—like a statement, which is not likely to be forthcoming from your spouse. Virginia divorce lawyers often use items like plane tickets; hotel reservations; telephone records; and photographic, digital, or video recordings to round out the evidence against their clients' spouses. Frequently, illicit sworn testimony from the paramour of your spouse is key to proving adultery has occurred. However there may be issues with service on the paramour if they are out of state, or other 5th amendment issues if the paramour is also married to a third party. Often litigation ensues as to whether or not the paramour may invoke their 5th amendment rights or not. Current Federal Law provides you a better chance of forcing the paramour to testify as recent Federal case law provides that you can't be prosecuted for having sexual relations in private; but there is no guarantee that a local judge will agree with that position as there is a Virginia statute currently on the books that contradicts current Federal law. It is important to have an experienced family law attorney to determine how to best utilize sources of evidence to prove adultery in your case.
It's important to note, however, that an unfaithful spouse who expends resources on his or her paramour may have to answer to charges of dissipation of marital assets in a Virginia divorce proceeding.

Grounded Divorce vs. No Fault

Many potential clients hear something about divorce in the Commonwealth of Virginia and attempt to make decisions before speaking to a qualified divorce attorney. This can be a frustrating exercise when they sit down with a lawyer and are educated as to the legal requirements for what they are seeking. It's fine to do a little bit of independent research on the Internet, but before reaching any conclusions, you should speak with a knowledgeable, experienced VA divorce lawyer with experience in grounded and no-fault divorces.

If you are a resident of Fairfax, Arlington, Manassas, or anywhere in Northern Virginia, contact veteran divorce and family law attorney Claudia Zucker at (703) 596-1005 to schedule an appointment.