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If you are considering filing for a divorce in Virginia because of adultery, you need to be aware of how the law works in regards to your situation. There is no waiting period or required time of separation when filing for a divorce because your spouse committed adultery. In Virginia, infidelity is considered grounds for a fault divorce.
A fault is a marital misconduct that is committed by a guilty spouse against an innocent spouse. In order to be granted a dissolution of marriage because of infidelity, you need to ask yourself how does adultery affect a divorce? Finally, adultery should not be a reason that is used lightly when seeking a dissolution of marriage in Virginia because it has severe consequences that can affect the final outcome of your divorce.
When determining the distribution of property and debts, the judge will not award any spousal support or alimony to the guilty partner unless the denial of alimony will result in gross or manifest injustice. If you need a Virginia Divorce Lawyer to help you with your divorce case in Virginia, call us at Our Virginia divorce attorneys can help you. Our attorneys and staff speak the following languages in addition to English: Tamil, Telugu, Hindi, French and Spanish.
Mental or emotional affairs do not count.
Being overly familiar with a new friend at work is not enough. Proving adultery means proving sexual intercourse. If a partner commits infidelity and the other partner condones the act and continues to live with the guilty spouse after the act has occurred, the court does not have to grant a dissolution of marriage because of this fault. If both spouses have committed infidelity and are seeking to gain a dissolution of marriage, the court will not grant a fault divorce due to recrimination.
Recrimination is when both parties are guilty of adultery. Either party can use recrimination as a defense in divorce proceedings in Virginia. However, after a year of separation either spouse can file for a no-fault divorce. It is only on the issue of spousal support that infidelity usually has a tremendous impact.
Adultery occasionally provides some helpful leverage in negotiating a favorable settlement. When the alternative is having their indiscretions showcased in open court, many such spouses agree to give their wronged ex a little more home equity, provide a tad higher support payment, or maybe take on slightly more credit card debt. Proving the adultery may not help that much in a custody and visitation battle. Virginia law directs the courts to look at several factors when determining custody, but one parent having an affair is not one of them.
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