Adultery can have significant implications for divorce proceedings. While Virginia is a “no-fault” divorce state, meaning that fault or wrongdoing does not have to be proven for a divorce to be granted, adultery can still be considered grounds for divorce.

Here, you can learn how adultery can affect various aspects of a divorce case:

Adultery as a ground for divorce

The state recognizes adultery as a valid reason for the breakdown of a marriage. While parties can seek a divorce without proving fault, adultery can be cited as a contributing factor in cases where it has occurred.

Property division

When adultery is alleged in a divorce, it can influence the division of marital assets and debts. The court may consider the circumstances surrounding adultery and its impact on the marital estate when determining a fair and equitable distribution.

Spousal support

Adultery can also impact the determination of spousal support. While the state follows an equitable distribution model, the court may consider adultery when deciding the amount and duration of support. Other factors, such as financial needs and contributions, will also be considered.

Child custody

Adultery may not directly affect child custody decisions. The court’s primary consideration is the best interests of the child. However, if it can be shown that the extramarital relationship negatively impacted the child’s well-being or the parent’s ability to provide a stable environment, it may be considered.

Understanding the impact of adultery and how it can affect your situation is important. When you know the law and your rights you can work to secure the best possible outcome in your divorce.

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