Go to navigation Go to content
Phone: (757) 785-9761
Hofheimer Family Law Firm

When Both Parties Commit Adultery In A Virginia Divorce (Part A)

If you're considering a Virginia divorce on the grounds of adultery, you should be aware of the way in which Virginia law views and addresses adultery accusations in a divorce case.

The courts tend to take adultery very seriously. If you can prove in court that your husband has been having an extra-marital affair, then you can divorce him on the grounds of adultery. In Virginia, you normally have to live separately for 6 months to 1 year before filing for divorce, but in cases of adultery and other acceptable Virginia grounds for divorce, that waiting period isn't necessary.


Recrimination is a legal term that describes a situation in a Virginia divorce in which both spouses are accusing each other of the same thing. For example, if the wife accuses the husband of cruelty, and he counters that she, too, exhibited cruel behavior to him, this is recrimination.

In cases of adultery, recrimination can have a serious impact on the divorce case, and on the way the divorce plays out for both partners involved.

How Recrimination Works

Discovering a spouse's affair can lead to a storm of emotions. Sometimes, a woman who discovers her husband's affair may, in a fit of anger and jealousy, seek out a lover and begin an affair of her own.

In some cases, the affair may happen after the cheated spouse has cooled off but is living unhappily with her philandering husband, and is looking for companionship and comfort.

Whatever the case may be, having an affair following your husband's affair can harm your chances for your Virginia divorce to go your way.

If both partners in a Virginia divorce have had an affair, then neither partner can divorce the other on the grounds of adultery. This can stall the divorce process, drag out litigation, and cause a great deal of stress to both partners.

Many Virginia divorce attorneys discourage clients from making recriminatory accusations, because in most cases, it does more harm than good. You should speak with an experienced Virginia divorce attorney about your best course of action when it comes to divorce on the grounds of adultery.

Continue to Next Page >>