While proving adultery in a Virginia court is undeniably a
difficult challenge, many spouses are still filing divorce against their
partners using this as the grounds for the split. This may be because the
benefits received if you can prove it may exceed the cost of doing so.
Adultery May Affect
Alimony
Under Virginia law, the court may deny spousal support to
the cheating party. However, the law can also be lenient under certain
circumstances. When the guilty spouse can prove that the court’s barring him or
her to receive permanent maintenance and support is a manifest injustice —
gravely unfair — the court can revoke the denial. Additionally, when the guilty
spouse would be genuinely left penniless without support after the divorce, the
court can still award alimony.
Adultery and Property
Distribution
Property division in Virginia isn’t an exact science; The
judge, after taking legal considerations into account, has the discretion to
decide how divorcing couples divide their properties. In most circumstances,
adultery won’t directly affect the division of your marital estate and assets.
However, a judge may sympathize with you and award you a slightly larger slice.
Personal Satisfaction
The emotional stress that comes with the situation when your
husband or wife had been unfaithful can be overwhelming. While the law may not
provide monetary compensation for a broken heart, it may give personal
satisfaction and, eventually, peace of mind.
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