Welcome back to the Shawna L. Stevens PLLC Family Law Blog! Today, we’ll be discussing an emotionally charged and legally complex topic: adultery in Fredericksburg, Virginia. Adultery can have a significant impact on divorce proceedings, so it’s crucial to understand the nuances of the Virginia legal code when dealing with such situations.
To begin with, let’s explore what constitutes adultery under Virginia law. According to the Virginia Code §18.2-365, adultery is defined as a married person voluntarily engaging in sexual intercourse with someone other than their spouse. It’s important to note that the law specifies sexual intercourse, meaning that other forms of intimate contact may not qualify as adultery in the eyes of the court.
Adultery is considered a misdemeanor criminal offense in Virginia, punishable by a fine under Virginia Code §18.2-366. However, the primary focus of this blog post is the impact of adultery on divorce proceedings, rather than the criminal aspect.
Under Virginia law, there are two types of divorces: fault-based and no-fault divorces. A fault-based divorce, as the name suggests, is granted when one spouse has committed a specific act that warrants the dissolution of the marriage. Adultery is one such ground for fault-based divorce in Fredericksburg Virginia, as outlined in Virginia Code §20-91(1).
When a spouse files for divorce on the grounds of adultery, they must provide clear and convincing evidence to support their claim. This can include eyewitness testimony, phone records, text messages, or other forms of documentation. It’s essential to consult with a skilled family law attorney, such as Shawna L. Stevens PLLC, to discuss the best course of action for your unique situation.
One of the primary concerns for many spouses dealing with adultery is the potential impact on spousal support or alimony. According to Virginia Code §20-107.1, adultery can be considered when determining spousal support. If the court finds that the spouse who committed adultery is at fault for the dissolution of the marriage, it may reduce or eliminate any spousal support awarded to the guilty party.
In contrast, if the spouse seeking spousal support committed adultery, the court may deny their request for support altogether. However, there are exceptions to this rule. For instance, if the court finds that denying support would result in a “manifest injustice” based on the couple’s respective financial situations and the overall circumstances of the case, it may still award spousal support.
Adultery can also play a role in determining the division of marital property. While Virginia is an equitable distribution state, meaning that marital property is divided fairly and equitably between the spouses, the court can consider adultery as a factor under Virginia Code §20-107.3(E). If the adultery significantly contributed to the dissolution of the marriage, the court may award a greater share of the marital property to the innocent spouse.
It’s essential to keep in mind that the court has considerable discretion when determining spousal support and property division in cases involving adultery. Every situation is unique, and the court will examine various factors before making a decision. To ensure that your rights are protected and your interests are represented, it’s crucial to work with an experienced family law attorney like Shawna L. Stevens PLLC.
Lastly, it’s worth noting that the process of proving adultery in a divorce case can be emotionally draining and legally challenging. If you suspect your spouse has committed adultery, it’s essential to consult with a knowledgeable family law attorney who can help you navigate the complexities of the Virginia legal code.
We hope this post has provided valuable insight into how adultery can impact divorce proceedings in Fredericksburg, Virginia. Remember, every case is unique, and this blog post is intended for informational purposes only. If you find yourself in a situation involving adultery and divorce, seeking professional legal advice is the best course of action.
At Shawna L. Stevens PLLC, we understand the emotional turmoil and legal complexities surrounding adultery and divorce. Our team is dedicated to providing compassionate and effective legal representation to our clients, helping them navigate the challenging road ahead.
If you have any further questions or need assistance with your family law matter in Fredericksburg, Virginia, please don’t hesitate to contact Shawna L. Stevens PLLC. Our experienced team is here to help guide you through the process and ensure that your rights are protected.
Stay tuned for more informative and engaging content on the Shawna L. Stevens PLLC Family Law Blog. We aim to provide our readers with valuable information on a wide range of family law topics, from divorce and child custody to spousal support and property division.
In the meantime, if you’d like to learn more about our services or schedule a consultation, please visit our website or give us a call. We look forward to assisting you with your family law needs in Fredericksburg, Virginia.
