Adultery can deeply affect a marriage, leading to emotional pain and difficult decisions. In Fairfax, Virginia, adultery is not only a personal matter but also a legal ground for divorce. If you are prepared to divorce, it’s crucial to understand how adultery can affect divorce proceedings.
At The Law Office of Afsana Chowdhury, PLC, our Fairfax adultery and divorce lawyers are ready to help you. We are dedicated to providing compassionate representation and personal attention. We will advocate for you and help you reach the most favorable outcome possible. Contact our office at (703) 271-6519 or schedule a case review today.
How The Law Office of Afsana Chowdhury, PLC Helps With Adultery And Divorce In Virginia
At The Law Office of Afsana Chowdhury, PLC, in Fairfax, Virginia, we make your best interests and well-being our number one priority. For more than a decade, we have been dedicated to helping clients through complex family law and divorce matters. We serve as your advocate whether you are pursuing an uncontested or fault-based divorce.
Our commitment to excellence has been recognized through distinctions such as a perfect 10 rating on Avvo and the Avvo Client’s Choice Award. Our attorney has also been named a Top Attorney by the American Institute of Family Law Attorneys.
We put our experience to work on your behalf to:
- Protect your best interests during the divorce process
- Provide personalized legal guidance to help you understand your options and make informed decisions
- Counsel you on the benefits and drawbacks of a fault-based divorce
- Strive to reach amicable agreements that protect your interests and minimize conflict
- Defend you against unfair or false allegations
- Help you prove your spouse’s adultery
Divorce is one of the most emotional and stressful things you will ever face. A Fairfax family law attorney will act in your best interests and help you make hard decisions to reach the best possible outcome. Contact The Law Office of Afsana Chowdhury, PLC, today to schedule a consultation to discuss how we can help you.
What Is Adultery?
In Virginia, adultery is defined as a married person engaging in voluntary sexual intercourse with someone who is not their spouse. This means that for an act to be considered adultery, there must be physical sexual contact. Emotional affairs or non-sexual relationships do not meet the legal adultery definition in Virginia.
In Virginia, adultery is a fault-based ground for divorce. Unlike many other grounds for divorce, there is no waiting period required before filing for divorce on the grounds of infidelity.
How To Prove Adultery in a Virginia Divorce Case
Proving adultery in a Commonwealth of Virginia divorce requires clear and convincing evidence of a spouse’s infidelity. This is a higher standard of proof than other fault-based grounds require. To prove your spouse was having an affair, you will need strong proof that an adulterous act occurred. Evidence may include:
- Witness testimony from people who have directly observed the adulterous behavior
- Emails, text messages, or letters that indicate a sexual relationship
- Pictures or videos showing the spouse and the third party in compromising situations
It’s important to note that circumstantial evidence alone may not suffice. The evidence must clearly demonstrate that sexual intercourse took place based on the legal adultery meaning in Virginia.
Another challenge to proving infidelity in a divorce proceeding is that Virginia law requires evidence to be corroborated. Even if your spouse confesses to the adultery, there must be additional testimony or evidence from an outside source. The most common way to achieve this is by hiring a private investigator.
Are There Defenses to Infidelity?
Virginia law recognizes several defenses against accusations of adultery. An accused spouse may claim:
- Condonation: This occurs when the innocent spouse forgives or overlooks the adulterous act and resumes marital relations.
- Recrimination: If both spouses have committed adultery or other fault-based grounds for divorce, neither can use it as grounds for divorce.
- Connivance or procurement: If one spouse knew about the infidelity and consented, encouraged, or facilitated the affair, they cannot claim it as a reason for divorce. A spouse is considered to have allowed or consented if they were unopposed to or desired the other spouse’s adultery. Connivance generally doesn’t apply when a spouse simply knew about the affair but could not stop it or allowed it to continue so they could get evidence for divorce.
A spouse accused of adultery can also defend against the accusation if the infidelity happened more than five years ago. In Virginia, there is a five-year statute of limitations on adultery, and it can’t be used as a ground for divorce beyond this limit.
Is Adultery A Crime?
In Virginia, adultery is considered a Class 4 misdemeanor and punishable by a fine. Although prosecutions are rare, the criminal nature of adultery allows the accused spouse to invoke their Fifth Amendment right against self-incrimination during divorce proceedings.
The criminal infidelity definition means they can refuse to answer questions about the affair. This has contributed to the challenges of proving infidelity. A law passed in 2020 makes it slightly easier. Under the new law, if a party invokes their Fifth Amendment right in a family law case, the judge can make an “adverse inference” against them.
How Infidelity Can Affect Divorce In The Commonwealth Of Virginia
Adultery can significantly impact the financial aspect of a divorce. It usually has the greatest effect on spousal support. A spouse found guilty of adultery is generally barred from receiving spousal support. A court may still award support to an adulterous spouse if:
- They earned significantly less money, and
- The other spouse’s behavior is the primary cause of the breakdown of the marriage, not the affair
Proving adultery usually does not affect equitable property division. The exception is if the adulterous spouse used marital funds to support their affair, which can influence the division of marital assets and debts. For instance, you may show evidence that the spouse used marital assets or incurred debt for:
- Travel expenses
- Booking hotel rooms
- Renting a secret apartment
- Providing gifts to their affair partner
- Paying for the affair partner’s expenses
Adultery rarely affects child custody decisions. It may have an effect if the affair had a direct negative impact on the children’s well-being.
Schedule a Case Review With a Fairfax Divorce Lawyer
Facing a divorce involving adultery in Fairfax, Virginia, is undoubtedly challenging, but you don’t have to navigate it alone. Contact The Law Office of Afsana Chowdhury, PLC, to schedule a case evaluation with a Fairfax adultery and divorce lawyer who can provide the guidance and support you need during this difficult time.
