Fairfax, VA Family Law Attorney Claudia Zucker Discusses The Difficulties In Proving Adultery In Divorce Proceedings
Adultery of a spouse may be one of the most common reasons for divorce in Fairfax and other parts of Virginia. And while infidelity is considered legal grounds for dissolution of marriage in the Commonwealth of Virginia, it can be very difficult to produce evidence that meets the legal standard of a Fairfax or Arlington divorce court. Because of the difficulties involved, as a Fairfax family law attorney representing divorcing spouses in northern Virginia, I often encourage my clients to examine other grounds for divorce, or even to seek no-fault divorces. There are cases, however, where the evidence of adultery is incontrovertible and can be easily proven in the Fairfax courts and other venues.
Divorce Law and Establishing Infidelity
In the Commonwealth of Virginia, for the purpose of divorce grounds, adultery refers to sexual intercourse between the spouse and another person outside the marriage. Other sexual acts that do not involve a coupling of the sexual organs—regardless of how intimate—are not considered sufficient to establish adultery by themselves. Consequently, proving that a husband or wife has had sexual intercourse with another person can be problematic without the use of private investigators or surveillance equipment. It is not necessary, however, to catch a spouse in the act of intercourse to prove adultery in the Fairfax or Madison County courtroom.
In order to prove adultery as a ground for divorce in Virginia, a divorce lawyer must show that the accused spouse must have had the disposition to commit adultery and the opportunity to carry it out. To establish disposition, your attorney will have to demonstrate that your spouse was inclined to cheat. Displays of affection, such as kissing or holding hands, or emails discussing plans of infidelity can be sufficient to show disposition.
Disposition, however, is not sufficient by itself; a divorce lawyer must also prove that the spouse and the outside party in question must have had the opportunity to consummate the affair. An example of opportunity would be the spouse spending the night at the paramour's house, or the spouse and the other party checking into a motel together.
One of the best forms of evidence available in an adultery case, is the testimony of the person with whom your spouse has committed adultery. If that person is not married, the act of adultery is not a crime in the Commonwealth of Virginia and the U.S. Supreme Court case of Texas v. Lawrence has facilitated the possibility of forcing the testimony of the paramour who may not be able to hide behind the 5th Amendment of the U.S. Constitution. It is best to consult an experienced attorney if it is possible to compel the testimony of the paramour.
Always Seek the Advice of a VA Family Law Attorney
Oftentimes, my Fairfax area clients are discouraged when they realize that they may not have sufficient evidence of adultery to constitute grounds for divorce. However, there are always other options. Whether you live in Fairfax, Manassas, Alexandria, Arlington, or elsewhere in Virginia, if you are seeking a dissolution of marriage, you should contact an experienced, professional family law attorney to discuss your situation.
Virginia Divorce and Family Law Attorney Claudia Zucker
Do you need a divorce attorney? Do you have questions about how to prove adultery for the Fairfax Divorce Court? We invite you to contact us today at (703) 596-1005. We're always just a phone call away.
