When both partners in a Virginia divorce make accusations of infidelity, it not only complicates and lengthens the divorce litigation; it can also affect the court's decisions about spousal support.
Adultery and Virginia Spousal Support Virginia law states that if a woman commits adultery, she is not eligible to receive permanent spousal support payments. Spousal support can be important to the woman's financial stability and her ability to support her children if she has custody of them, so it is imperative that she not put her eligibility for spousal support at risk.
A husband's accusation of adultery isn't enough to cause a Virginia court to bar spousal support; there needs to be sufficient evidence to prove adultery before it can be confirmed.
Evidence of adultery can be difficult to obtain; evidence that simply suggests or implies adultery won't hold up in a Virginia court of law.
Acceptable evidence of adultery in the context of a Virginia divorce might include:
the findings of a private investigator;
photos;
financial records;
sworn depositions; and
third-party testimony.
Consulting A Virginia Divorce Lawyer
If both you and your spouse engage in making accusations of infidelity, your Virginia divorce proceedings would include extensive (and probably expensive) attempts to prove the claims. If both of you committed adultery, neither of you will be able to file for divorce on these grounds.
For Virginia couples who simply want to end their marriage and move on with their lives, accusing each other of adultery and using it as a grounds for divorce is usually not a good idea. If you and your spouse are facing divorce and adultery is part of the picture, you need to speak to a Virginia divorce attorney who has experience handling cases like yours.
Your attorney will advise you on the best possible course of action for your particular case and will fight to get you the best legal outcome possible.
The decision to file for divorce usually comes at the end of a long and painful journey. In addition to the emotional turmoil involved, there's also a lot of fear and uncertainty about what the future holds. Concerns about children, mortgages, and even just paying the bills or buying groceries can easily become overwhelming.
To order your free book-www.freedivorcebook.com information on seminars-www.monthlydivorceseminars.com info on collaborative divorce-www.virginiacollaborativelaw.com information-estate planning for young families-www.generationslawfirm.com information-family law and estate planning for the LGBT community-www.FamilyEqualityLawCenter.com
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