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Proving Adultery in Virginia with Circumstantial Evidence
If you do not have solid evidence, eyewitness accounts or photographs to support your claims of adultery in your Virginia divorce proceedings, then you may need to rely upon circumstantial evidence to prove your husband is cheating. Circumstantial evidence is an indirect way of proving that adultery has taken place.
Circumstances that demonstrate the opportunity or likelihood of adultery taking place can be considered circumstantial evidence. This evidence must be logical; leading to the conclusion that adultery has more than likely taken place.
The inclination and opportunity to commit adultery can be shown through such examples as testimony from an outside source that they witnessed physical displays of affection between your spouse and another person. Emails, handwritten letters or text messages that demonstrate their sexual/love interest in one another can also be used. Records that show your spouse was with another person in a place such as a hotel are also considered circumstantial evidence. Questions To Ask a Virginia Divorce Attorney
No doubt you will have a number of questions on your mind if you suspect your husband is cheating and wondering how and if adultery affects a Virginia divorce. These questions are best answered by a Virginia divorce attorney who can examine the specifics of your circumstances. Some questions you may want to ask your potential Virginia divorce attorney include:
How much experience do you have in working with divorce cases that involve adultery?
If my spouse is in a homosexual relationship, is that considered adultery?
Should I file for a no-fault or fault-based divorce?
What type of evidence will I need to prove my spouse has committed adultery?
No one should have to go through a divorce involving adultery on their own. The devastation of learning that a spouse has committed adultery can leave you feeling vulnerable, angry, and unfocused about what matters the most, which is your personal happiness and the wellbeing of your children. It may be wise to consult with a divorce attorney who specializes in adultery before confronting your spouse. If you decide to confront your spouse before retaining a lawyer, then any chance at obtaining evidence may be eliminated or destroyed.
If you are a woman considering divorce in Virginia, you deserve to have an attorney who understands the issues that are unique to you, including issues of adultery. The Virginia divorce attorneys at Hofheimer/Ferrebee represent women only. We are committed to fighting for your rights, assisting in child custody disputes, and ensuring that you receive everything you are entitled to and need in order to start your new life. Contact us today to schedule a legal consultation- (757) 425-5200.
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