Adultery can be very difficult to prove, but if proven may have serious financial implications in the divorce, at least on the issue of spousal support.
Adultery occurs when a married person voluntarily engages in sexual intercourse with a person that is not his or her spouse.
Adultery is a fault-based ground for divorce in Virginia.
Unlike some other divorce grounds, there is no waiting period before filing on the ground of adultery.
This contributes to making adultery very difficult to prove as a ground for divorce in Virginia.
In effect, the criminal law against adultery serves to shield those accused of adultery in their divorce cases.
If you slip on a wet floor at the supermarket, again, the supermarket may have a duty to make things right. Does the law compensate for a broken heart in the same way as a broken leg?
Adultery has a five-year statute of limitations as a divorce ground in Virginia, which means that if the divorce suit is filed more than five years after the adultery, the divorce will not be granted on the adultery ground. Adultery is not only a ground for divorce in Virginia, but it is also a class four misdemeanor under Virginia Code § 18.2-365.
Because adultery is a crime in Virginia, a spouse accused of adultery in a divorce can assert their Fifth Amendment right against self-incrimination, and refuse to answer questions about the adulterous behavior.
For more information, see Adultery As a Crime: Impact on Virginia Divorce Cases.
When someone rear-ends you at a stoplight and you end up with a broken leg, they (or their auto insurance carrier) pay your medical bills, plus a little extra for your pain, suffering and inconvenience.