Fredericksburg, VA
Divorce & Separation
Adultery
Read time: ~6 minutes

How Adultery Can Impact Divorce Proceedings in Fredericksburg, Virginia

Welcome back to the Shawna L. Stevens PLLC Family Law Blog. Adultery is an emotionally charged issue and it can affect divorce strategy in
Fredericksburg and throughout Virginia. If you are facing this situation, understanding the legal standards, proof requirements, and how adultery may
impact support and property decisions can help you make informed choices.

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Quick takeaway

In Virginia, adultery can be grounds for a fault-based divorce and may influence spousal support and equitable distribution,
but the outcome depends on the facts, the evidence, and the court’s discretion.

Jump to a section:

What Counts as Adultery
Fault-Based Divorce
Proof & Evidence
Spousal Support
Property Division
Practical Guidance
Quick FAQs

1

What Counts as Adultery Under Virginia Law?

Virginia law defines adultery as a married person voluntarily engaging in sexual intercourse with someone other than their spouse.
This definition is commonly discussed in relation to Virginia Code §18.2-365. The legal definition matters because not every form of intimate contact
is treated the same way by the court when a spouse alleges adultery.

Important note:

Adultery is also addressed in Virginia’s criminal code and has been treated as a misdemeanor, but in most divorce cases the focus is on how the allegation
affects divorce grounds, support, and equitable distribution.

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2

Adultery as a Ground for Fault-Based Divorce

Virginia recognizes both fault-based and no-fault divorce pathways. Adultery can be alleged as a fault ground for divorce, including under
Virginia Code §20-91(1). Choosing a fault-based path can affect case strategy, timelines, and how evidence is developed.

Fault-based

Requires proof of the alleged misconduct and can increase complexity.

No-fault

Typically relies on separation requirements rather than misconduct.

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3

Proving Adultery: What Evidence Can Matter

A spouse alleging adultery must meet a demanding proof standard in court, often described as “clear and convincing” evidence.
Evidence can be direct or circumstantial, and successful cases typically require careful planning and legally appropriate collection of proof.

Examples of evidence that may be discussed:

Witness testimony, communications (texts/emails), phone records, photos, financial records, or other documentation.
What is persuasive and what is admissible can vary depending on the circumstances.

A practical caution:

Do not assume “what you can access” is automatically lawful to use in court. Evidence gathering can raise privacy and legal issues.
Talk with counsel before taking steps that could backfire.

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4

How Adultery Can Affect Spousal Support in Virginia

Adultery can be a significant factor in spousal support decisions. Virginia Code §20-107.1 is often discussed in this context.
In some situations, adultery can reduce or eliminate support, particularly when the spouse seeking support is the spouse who committed adultery.
However, outcomes can depend on the full circumstances and what the court finds.

A key concept you may hear:

Courts can consider whether denying support would result in a “manifest injustice” based on the parties’ financial circumstances and other factors.
This is highly fact-specific, and it is one reason legal guidance matters.

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5

Can Adultery Impact Property Division?

Virginia is an equitable distribution state, meaning the court divides marital property fairly, not necessarily equally.
In certain cases, the court may consider adultery as one factor in equitable distribution analysis, including factors listed in
Virginia Code §20-107.3(E), depending on how the facts relate to the breakdown of the marriage and other circumstances.

Discretion

Judges have flexibility within the statutory factors.

Facts matter

Not every allegation changes the outcome.

Strategy

How issues are presented can affect negotiations and court decisions.

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Practical Guidance if Adultery Is Part of Your Divorce

• Do not act on impulse. Emotional decisions can create legal and financial problems.
• Document calmly and appropriately. Keep relevant communications and financial records organized.
• Avoid social media escalation. Posts can become evidence and can affect negotiations.
• Get legal advice early. Fault-based cases can involve higher stakes and different timelines.

This post is for general information only and is not legal advice. Because every case is unique, speaking with a qualified attorney is the best way
to understand how the law applies to your situation.

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Quick FAQs About Adultery and Divorce in Virginia

Is adultery automatically enough to “win” a divorce case?

Adultery can be a fault ground, but outcomes depend on proof, credibility, and how issues like support and property are presented.

Will adultery always eliminate spousal support?

Not always. The court may consider exceptions in certain circumstances, including “manifest injustice,” depending on the facts.

Does adultery automatically change property division?

Virginia uses equitable distribution. Adultery can be one factor among many, and the court has discretion based on the total circumstances.

Need Guidance on Adultery and Divorce in Fredericksburg?

At Shawna L. Stevens PLLC, we understand the emotional weight and legal complexity these cases can involve.
If you have questions about fault-based divorce, proof concerns, spousal support, or equitable distribution, we are here to help.

Contact Us

Call 540-310-4088

Serving Fredericksburg and surrounding Virginia communities.

Need legal help in Fredericksburg? Fredericksburg divorce attorney — Shawna L. Stevens PLLC. Call (540) 310-4088 or schedule a consultation.