3 Ways Adultery May Affect a Virginia Divorce

Unfortunately, infidelity remains a leading cause of divorce. If you or your spouse has been involved in an extra-marital affair, it could change things. Adultery in a Virginia divorce could affect your divorce proceedings.

It Can Lead to a Fault-based Divorce

Most divorces in Virginia are filed on no-fault grounds, which means they are based on the couple’s separation after a required period—typically one year. Neither party can file for divorce without evidence of fault unless they have been separated for more than a year. However, if a spouse has committed adultery, a divorce can be filed immediately without waiting for the one-year separation. While it may be tempting to file on the grounds of adultery right away, there may be reasons to delay, so it’s important to consult with a lawyer first.

It Can Impact Certain Court Decisions

In Virginia, family courts generally do not consider marital misconduct, including adultery, when making child custody decisions unless there’s concern for the children’s safety. However, the reasons for a marriage’s dissolution do play a role in determining spousal support and the division of property, known as equitable distribution.

Regarding equitable distribution, while adultery can be a factor the court may consider unless there’s evidence of financial misconduct involving marital resources during the affair, it is unlikely to impact the case’s outcome significantly.

For spousal support, if the spouse who committed adultery would otherwise be entitled to support, their infidelity could prevent them from receiving it unless denying support would result in a manifest injustice.

Although the court must consider the circumstances leading to the marriage’s breakdown, it also takes into account numerous other factors as outlined in Virginia Code Section 20-107.1.

These are complex matters that should be thoroughly discussed with an experienced family law attorney.

It Can Make the Process Far More Emotional and Expensive

Divorce is challenging for all involved, and the situation becomes even more complicated when infidelity is involved. The betrayed spouse may struggle with feelings of betrayal, leading to a refusal to compromise and unrealistic demands driven by a desire for justice. Infidelity can escalate legal costs, conflict, and distrust, placing a heavier emotional, financial, and physical burden on the entire family.

Filing for divorce on grounds of adultery often complicates the process, making it more expensive, stressful, and difficult than a no-fault divorce. If infidelity is a factor in your case, seeking guidance from an experienced family law attorney is essential.

 Adultery in a Virginia Divorce

If you have questions about adultery in a divorce in Virginia, the Virginia family law attorneys at ShounBach are here to help. We handle a wide range of family law and divorce matters. We can assist people throughout Northern Virginia from our office in Fairfax. Contact us today at 703-222-3333 or through our online contact form to find out what we can do for you.