Divorce happens in about 50% of marriages. This can be due to many factors, like financial issues or adultery. If your divorce is due to adultery, there are some things you need to know. For instance, how to prove adultery in Alexandria Virginia.
Definition of Adultery
First, it’s important to understand that for adultery to be the grounds of the divorce, physical intercourse between two individuals must have occurred. Emotions alone cannot be the cause of divorce in Virginia. Therefore, the party asking for divorce must prove that physical sexual intercourse has happened between the spouse and another party.
Virginia Law on Adultry
In order to prove adultery in Virginia, an individual must provide the court with persuading and clear proof that the individual’s spouse did have sexual intercourse with someone else. Additionally, Virginia requires substantiation of the infidelity.
This means that the law requires proof or declaration from an outside source that an individual’s partner in marriage committed infidelity. Furthermore, the law states that an eyewitness is not necessary to prove infidelity since it can be proven by other strict proof. For example, the individual’s spouse’s emails or messages could be proof.
One common way of handling infidelity cases is by hiring an investigator. This person would pursue the spouse and accumulate the kind of proof expected to demonstrate a case for infidelity. For example, the investigator may follow the spouse to a restaurant with another person, then on to a hotel. Then the agent would watch them enter the hotel room together and leave the following morning.
Now, the investigator has manufactured a case for adultery. However, due to higher expectations of evidence and prerequisite support, it can be extremely troublesome to demonstrate infidelity in Virginia. Extremely specific proof is required to prove adultery.
Consequences of Adultery on Divorce
In Virginia there are no fines or correctional harm for the companion who committed adultery. While adultery may impact the dispersion of the couple’s dissolution of marriage conditions, it is not to a significant extent. Furthermore, divorce for adultery will have no effect on child support or child custody agreements. However, it does impact spousal support. The spouse who committed adultery will not receive spousal support after the divorce.
Additionally, Virginia law allows the court to take adultery into account when dividing assets or properties between the spouses.
How to Prove Adultery in Northern Virginia
If you suspect that your spouse is committing adultery, its important to speak to a divorce attorney as soon as possible. An attorney can advise you of your rights and help you formulate a plan for moving forward with the divorce. To learn more, contact King, Campbell, Poretz, Mitchell.