Author: James Park

We understand that discovering your spouse committing adultery is very hurtful and betraying, but know that justice can be served! First thing that you should do upon discovering unfaithfulness from your spouse is to talk to a Divorce Lawyer in Virginia.

In Virginia, you can have a legal fault-based ground for divorce against your spouse if you have any evidence that shows that he and your best friend had sexual intercourse.

What is Adultery in Virginia?

It is important to know that to prove Adultery in court and to file your divorce, you should familiarize yourself with the legal grounds that apply to your situation. If you caught your spouse having intercourse with your best friend or any other person, then in Virginia, your spouse committed adultery and you can get divorced under fault-based grounds. According to the VA. Code § 18.2-365, the definition of adultery is “Any person, being married, who voluntarily shall have sexual intercourse with any person not his or her spouse shall be guilty of adultery, punishable as a Class 4 misdemeanor.” Pursuant to VA. Code § 20-91 (1), adultery is a legal ground for divorce.

Adultery

Fault Based Divorce (Legal Ground for Divorce)

In simpler terms, adultery means any spouse who voluntarily had sexual intercourse with someone who isn’t you.

Proving Adultery in Court

Proving adultery in court can be tough, as you need clear and convincing evidence. It is important to know that proper documentation and record keeping of information will help with gathering evidence. However, with the right documentation and the guidance of your divorce lawyer, you can present a strong case.

Here are some key steps you can take to gather evidence:

Gather any text messages, emails, and any other communications between your spouse and paramour (best friend). You should collect and keep:
Any conversations that show explicit behavior between them that show inappropriate and sexual discussions
Any photos shared shared between your spouse and best friend that show sexual or inappropriate content

Any written confessions of adultery – sexual intercourse between them.
Any records of bank statements in joint accounts that suggest unusual behavior like purchasing expensive items that were not given to you
Any clear images or videos of your spouse and paramour being in an inappropriate or sexual situation like being in the bed together with no clothes on or videos of them having sexual intercourse.

Evidence is a multitude of information, but the tricky thing in this situation is to obtain concrete and clear evidence that shows they had sexual intercourse. The important thing to know is that the more explicit it is the more it will help with proving your claim of adultery in court to the judge.
If gathering evidence is difficult for you. We advise you to hire a private investigator who specializes in gathering evidence that you can use in court.

Private investigators can legally collect evidence which can really help with proving your case. If you can’t find any text messages, emails, videos, or photos that show your spouse committing adultery. Private investigators can capture photographic and video evidence of your spouse committing adultery with your best friend by following them in public areas. As well as, gather any evidence of messages or photos that show clear and concrete evidence of your spouse and best friend committing adultery that you couldn’t find. Although it isn’t guaranteed, private investigators can definitely help with proving adultery in court.

Steps To Legal Action

After you have obtained clear and convincing evidence of your spouse’s adultery , it is important to hire a lawyer to prove adultery to the judge and grant your divorce. You’ll need to be prepared to present your evidence of adultery clearly and effectively in court.

This may involve providing witness statements or testifying about your spouse’s infidelity and the impact it has had on you. If witnesses can support your claims of your spouse committing adultery with your best friend or if the private investigator can provide testimony, they may be called to testify on your behalf and it will help your case. It is essential to work closely with your lawyer to understand the details of your case and what to expect in court.

Contact the American Lawyers Group

Our Divorce Lawyers specialize in proving adultery, especially helping you with which evidence you should provide the court. We have Divorce Lawyers in Northern Virginia, so contact us to help you with your divorce proceedings. Call us at (703) 786-8340 to schedule a consultation.

This is a tricky question and we, American Lawyer’s Group, are here to help you understand this in a way that makes much more sense for you. We have Divorce Lawyers in Northern Virginia that will help you in this difficult situation.

We are here to help you in any way if you are confused about divorcing your spouse who is in prison and has been convicted of a felony in Virginia.

We know that every story, marriage, and divorce is different. If you are looking into a way to know how to divorce your spouse who is in prison in simpler terms and to know the certain laws, paperwork, then keep reading.

What laws you should know:

What are the Grounds for Divorce in VA?

(VA. Code § 20-91. (2024).

In Virginia, there are several legal grounds for divorce. This means that there should be a reason why you are seeing a divorce from your incarcerated spouse. These legal grounds consist of:

Fault-based grounds
No-fault ground: separation and not living together for ONE year

What are Fault-based Grounds in VA?

Fault-based grounds consist of:
Abandonment: Willingly left and deserted you for more than ONE year
Felony Convictions: at least ONE year in prison
Cruelty: Caused bodily harm to you
Adultery: Had sexual intercourse with someone who isn’t you

These fault-based grounds show that your spouse’s actions during the marriage was the reason to seek divorce. So, if your spouse has been convicted of a felony for more than ONE year and you have not lived with them after knowing of their felony conviction then you can get a fault-based divorce.

If none of this applies to how your spouse in jail hasn’t committed any legal grounds for divorce that aligns with fault-based grounds in Virginia. Don’t lose hope, you can still get a divorce! Our Divorce Lawyers in Virginia specialize in helping you with this and getting you a divorce.

In Virginia, there are other ways to get a divorce if your situation does not align with fault-based divorce. You can go through the process of an uncontested divorce or contested divorce which will not prohibit you from divorcing your incarcerated spouse.

What is an Uncontested Divorce in VA?

A divorce that can be granted by the Court if you and your spouse agree on all aspects and terms of divorce:

Child Custody: Children below 18 or has not graduated high school
Spousal Support: The higher earning spouse pays to support the lower-earning spouse
Outstanding Debts: Any debts that were accumulated among both spouses
Division of Properties: Any properties jointly owned

This means that you both agree through a separation agreement the split of all aspects and terms of the divorce through your lawyer and your incarcerated spouse’s Guardian ad Litem in which they represent them through the divorce proceedings.

What are the Requirements for Uncontested Divorce in VA?

Requirements for uncontested divorce:

– You or your spouse needs to be a resident of Virginia for at least SIX months
– Separated for at least ONE year
– Pay for your spouses Guardian ad Litem fees
– Separation Agreement

There are many requirements that are needed for an uncontested divorce. This includes specific paperwork that your lawyer should file during the divorce.

The paperwork includes:

Divorce Complaint

VS-4 Form

Domestic Case Cover Sheet

Final Divorce Decree

Affidavit of Moving Party in Divorce Proceeding

Acceptance/Waiver of Service of Process

It is best to contact us. We have Divorce Lawyers in Virginia that specialize in divorce law and will help you with the paperwork.

What is a Guardian ad Litem?

(VA. Code § 8.01-9. (2024).

A Guardian ad Litem is an attorney-at-law that is appointed by the court to help a person with a disability understand their rights and represent them through the divorce proceedings. Under Virginia law, an inmate is considered to be a person with a disability hence the right to have a Guardian ad Litem to represent them through the divorce proceedings. The Guardian ad Litem helps the inmate understand their rights and represent them through the divorce proceedings. You would most likely need to pay the fees of the Guardian ad Litem but you could get it waived if your incarcerated spouse was convicted of assaulting, injuring, or sexually abusing you or your child.

What is a Contested Divorce in VA?

(VA. Code § 20-107.3. (2024).).

If you and your spouse disagree on any matters during the divorce and the separation agreement then you can both go through with a contested divorce which leaves it for a judge to decide the settlement between you and your incarcerated spouse for the divorce. The Circuit Court of Virginia now decides the division of child support, spousal support, debts, and properties.

More Questions?

If you have any more questions or if you are in need of help, then Contact Us now to schedule an appointment with our Divorce Lawyers who practice in Virginia. Call us at 703-786-8340 to talk to us more about your situation.

Disclaimer: This article is not actual legal advice and is only meant for blog/content purposes.