Adultery is a faulty reason for divorce in Virginia. Unlike some other reasons for divorce, there is no waiting period before filing for adultery. Adultery can be very difficult to prove, but if proven, it can have serious financial implications for divorce, at least in relation to spouse support.
How to prove adultery in Virginia?
Adultery is when a married person voluntarily engages in sex with a person who is not their spouse. In order to qualify as a reason for divorce, your spouse’s affair must have become physical and culminate in sexual intercourse. Mental or emotional matters don’t count. It is not enough to be overly familiar with a new friend at work. To prove adultery is to prove intercourse.
The Virginia law requires “clear and convincing” evidence of adultery, a higher standard of evidence than other grounds for divorce. To prove adultery, the court must be given clear and convincing evidence that the spouse actually did have sexual intercourse with another person. The Virginia law also requires “confirmation” of adultery – i.e. H. Evidence or evidence from an outside source (not just your own word or even your spouse’s admission) that your spouse committed adultery. However, eyewitness testimony is not required. Adultery can be proven using evidence.
What kind of evidence could be enough to prove adultery?
Your spouse’s own statements in text messages or emails may be significant evidence of whether he or she had sex with the new person. However, the exact wording of the news is very important. An email saying “I enjoyed having sex with you last night” (or equivalent words) would make a huge contribution to proving adultery. An email saying “Let’s meet for dinner in this romantic restaurant tomorrow night” wouldn’t prove adultery alone. Emails, text messages, or other evidence that the spouse’s relationship with the new person is romantic: all of this is solid evidence.
They help your case. But you need something stronger at the core of your case, something that clearly indicates an act of intercourse. This strong core of your case could be a very explicit reception by your spouse – either a direct reception with you if you are faced with the matter, or a clearly worded reception in an email or text message. Remember, however, that even if your spouse admits adultery, you will need to provide some “confirmatory” evidence (love letters, photos, etc.). Many cases of adultery arise from the hiring of a private investigator who follows the suspect spouse and collects the kind of meaningful evidence needed to prove a case of adultery. For example, the investigator can take a picture of the fraudulent couple holding hands over a romantic dinner and then check in to a motel room. The investigator can watch them go to their room and come out the next morning – a bit disheveled, say, disheveled. This investigator has now set up an adultery case. Given the high standards of evidence and the need for confirmation, it can be very difficult to prove adultery in Virginia. It will take a certain type of evidence to overcome the requirement of “clear and convincing evidence” and not only to prove that your spouse has a romantic relationship with another, but that the relationship has culminated in sexual intercourse.