Divorce Attorneys Fairfax Va

Divorce is never easy. As a divorce lawyer, have aggressively represented clients in their equity distribution and made sure to protect their legal rights through either a settlement or divorce litigation in Virginia courts.

read below important information related to divorce attorneys Fairfax VA: 

What is Adultery and How it Effects Divorce in Virginia?

One way Virginia defines adultery is in §18.2-365. 

In this section of the law, Virginia defines adultery as sexual intercourse with anyone but one’s own spouse. 

This same section makes adultery a class 4 misdemeanor.  

Adultery in the law can be confusing, technical, and context-dependent. 

If you have questions about adultery in Virginia, call some of the most experienced Divorce Attorneys Fairfax VA at American Lawyers Group.

One way to forward a divorce case in Fairfax County, Virginia is through showing adultery. 

Adultery is grounds for a fault-based divorce in Virginia, however, adultery is technically a crime, too.

Because of the often secretive nature of adultery, and because adultery is a crime in the Commonwealth, there are several added difficulties to getting a divorce through an adultery argument. 

For help navigating the difficult waters of divorce on the grounds of adultery, call the Divorce Attorneys Fairfax VA from American Lawyers Group.

Proving Adultery in Virginia

Because of the secretive nature of adultery, the heightened legal standard to prove adultery, and the 5th amendment implications from the criminalization of adultery make it very difficult to prove adultery in Virginia.

Adultery in Virginia must be proven by “clear and convincing” evidence. 

This is a standard above the normal civil standard of the preponderance of the evidence. 

Additionally, Virginia also requires that evidence be presented that corroborates the testimony of both the accusing party and the defending party. 

Fortunately, adultery need not be proven with direct testimony such as eyewitness accounts. 

Virginia allows circumstantial evidence to be sufficient to prove adultery, but the evidence still has to meet the high “clear and convincing” standard.  Private investigators can also be invaluable in divorce cases based on adultery.

Additionally, because adultery is technically a crime, a party accused of adultery can plead their 5th amendment rights. 

The 5th amendment allows parties to refuse to testify if it can lead to self-incrimination. 

This right is available because adultery is a class 4 misdemeanor. 

Even though Virginia rarely ever actually charges people with adultery, it is still on the books and implicates the 5th amendment.

Lastly, there is the issue of adultery already being very secretive. 

Parties involved in adulterous relationships will try to leave behind as little evidence as possible and make what evidence is left as vague as possible. 

Typically, texts and emails are the best possible source of evidence that can be obtained in divorce on the grounds of adultery. 

Texts, emails, and other recorded messages can be the needed corroborating evidence needed under Virginia law.  However, the evidence must be obtained lawfully.

Virginia Divorce Law Requirements

Depending upon your case and the facts presented to the judge, you may be required to either pay for spousal support, child support or divide all the property both spouses owned during their marriage.

Often the most complex matters at court are agreeing to issues that concern the custody of a child, child support, paying alimony, and division of property.

It is encouraged to reach out to experienced divorce attorneys in Fairfax Va to explain the defense strategies regarding equity distribution, properties, and custody issues in the divorce. 

To ensure your divorce is handled properly, contact our experienced Divorce Attorneys Fairfax VA.

The Impact of Adultery on Custody and Support

Adultery can figure heavily into the final outcome of a divorce case if it can be proven. 

Adultery can affect the payment of Spousal Support (AKA alimony) paid by one party to another. 

Additionally, adultery can be considered a factor when dividing the marital property of the parties.  However, adultery will not be considered when deciding custody of children.

Spousal support is typically monthly payments made by the wealthier party in a divorce to the less financially independent to help them maintain the lifestyle they were accustomed to during the marriage. 

In some cases where adultery is proven, the adulterous party will not be eligible to receive spousal support. 

However, courts can still award spousal support to an adulterous party based on the finances of the parties and if the adultery is the actual cause for the divorce. 

Awarding spousal support to adulterous parties is still rare in Virginia.

Judges in Virginia can weigh adultery when dividing marital property, however, most will stick to the traditional 50/50 split of property. 

The exception to this rule is when a party can show “economic consequences” of adultery.   

As noted above, adultery will not affect the court’s decision of custody. 

However, there can be court orders to not introduce the children in question to the other member of an affair until the divorce is finalized and finished.

Why Should You Hire Divorce Attorneys Fairfax VA?

Divorce and adultery are massive.  They affect you, your family, your friendships, and almost every other part of your life. 

You need the experienced Fairfax divorce lawyers at the American Lawyers Group. 

You need skilled attorneys who can work with the difficult burdens of proof that exist in Virginia divorce law. 

You need the seasoned Virginia divorce lawyers at American Lawyers Group to help you navigate the difficult waters of first proving a divorce through clear and convincing evidence and corroborating that evidence then using that proven adultery to get you the best possible outcome in your divorce.

If you want a Divorce Attorneys Fairfax VA, call the attorneys at American Lawyers Group.