How Does Adultery Affect Divorce in Virginia?
When a marriage falls apart and divorce becomes inevitable, numerous legal and emotional factors come into play. Among these, adultery is a common concern that can significantly impact the divorce process in Virginia. From the perspective of an experienced contested divorce lawyer in Roanoke, here is how adultery impacts divorce proceedings in the state.
Adultery as Grounds for Divorce
Virginia is a fault-based state when it comes to divorce, meaning that one party must demonstrate that the other party is at fault for the dissolution of the marriage. Adultery is one of the recognized grounds for fault-based divorces in Virginia.
In Virginia, adultery is defined as voluntary sexual intercourse or any sexual act outside of the marriage. To use adultery as grounds for divorce, the party seeking the divorce (the “plaintiff”) must present clear and convincing evidence of the spouse’s adultery. Evidence can include witness testimony, photographs, emails, text messages, and any factual evidence that supports the claim.
Implications of Adultery in Divorce Proceedings
When adultery is proven in a divorce case, it can have various implications on the divorce proceedings:
1. Fault-Based Divorce: Adultery can serve as the basis for obtaining a fault-based divorce in Virginia. A fault-based divorce may impact the division of marital property, spousal support, and child custody determinations. However, it is important to note that Virginia law does not automatically favor the innocent spouse when determining these factors.
2. Property Distribution: Virginia follows equitable distribution principles when dividing marital property. While adultery alone does not directly impact the division of property, it can be considered as a factor by the court. The judge may consider adultery when determining what is fair and equitable, which might result in a more favorable distribution for the innocent spouse.
3. Spousal Support: Adultery can affect spousal support awards in Virginia. If the guilty spouse’s adultery is proven, it may be a contributing factor for the court to grant the innocent spouse a higher amount of support or deny support to the guilty spouse altogether. However, the court takes into account various factors such as the duration of the marriage, the financial needs and resources of each party, and their respective contributions to the marital assets.
4. Child Custody Determinations: Adultery can also play a role in child custody determinations, but only if it directly affects the best interests of the child. Courts in Virginia prioritize the best interests of the child when making custody decisions, and the presumption is that it is in the child’s best interest to have frequent and continuing contact with both parents. Adultery may be considered only if it harms the child’s well-being or creates an unstable environment.
To successfully prove adultery, the plaintiff must provide clear and convincing evidence of the spouse’s adulterous conduct. This evidence must be presented to the court with the guidance of an experienced divorce lawyer who is well-versed in Virginia’s evidentiary requirements.
Conclusion
Adultery can significantly impact divorce proceedings in Virginia. It can serve as grounds for obtaining a fault-based divorce, impact property distribution, spousal support awards, and child custody determinations. However, it is crucial to consult with a seasoned contested divorce lawyer to understand the complexities of the law and to prepare a strong case.
At Magee Goldstein, we represent clients involved in contested divorce cases and understand the intricacies of the legal process in Virginia. If you require expert legal guidance in your divorce case, especially in matters involving adultery, our experienced divorce attorneys are ready to assist you.
