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Adultery

Under Virginia law, the crime of adultery occurs when any person, being married, voluntarily has sexual intercourse with any person not his or her spouse. In addition to being a crime, adultery is a valid ground for an absolute divorce in Virginia. In addition, if adultery is found by a court, the offending spouse is not entitled to any spousal support. However, even if adultery is proven to the court in the course of a divorce proceeding, a divorce will not be granted on the basis of adultery if the act was committed more than five years prior to bringing suit or the act was committed by the connivance of the other spouse. In addition, under Virginia law, adultery is an inadequate ground for divorce if the parties voluntarily cohabitated after the adultery was known to both parties.

In order to prove adultery, clear and convincing evidence is usually required, but circumstantial evidence of adultery may be sufficient if adequate to lead a reasonable person to believe the defendant's guilt. A considerable or even strong suspicion of adultery will be inadequate to achieve a divorce. Because of the high burden of proof in adultery cases and the intricacies of establishing such proof, it is recommended that an experienced family law attorney is consulted in the formation of an adultery-based divorce case.