June 30, 2012
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How Do I File For Divorce In Virginia Based On Adultery?
Adultery is the one ground on which you may file for and be granted a divorce immediately. For all other grounds of divorce, Virginia law requires there to be a separation period prior to being granted a final divorce. For that reason, the individual making the claim of adultery must prove the allegation of adultery by “clear and convincing” evidence.
In order to be granted a divorce based on adultery, there must be an allegation of sexual intercourse. Dating, flirting, even kissing and showing other signs of affection are not considered adultery in Virginia. An allegation of adultery must be supported by corroborating evidence. While it is certainly helpful to establish adultery, photographs, videotapes and eyewitness accounts of the actual sexual act are not required. Circumstantial evidence such as credit card receipts for hotel rooms, airline tickets, and text and emails may be used to corroborate the allegation of adultery. Your spouse’s paramour can also be called to testify on your behalf about the adulterous affair, although this is unlikely if they are still involved in a relationship.
If you suspect you spouse is guilty of adultery, a divorce attorney will be able to advise you on the proper tactics in order to prove your case. Please contact Garrett Law Group, PLC today, (757) 422-0195, to speak with an attorney if you have questions about adultery or any other divorce issue. Our Virginia Beach divorce attorneys are available 24/7/365.
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