When a marriage ends due to adultery, it raises specific legal questions about how this will impact divorce proceedings. If you’re facing such a situation in Virginia, it’s important to understand how adultery affects both property division and spousal support. Randall J. Borden can clarify these legal questions for you, helping to ensure that your rights and interests are protected during this challenging time.
What Constitutes Adultery in Virginia?
In Virginia, adultery is defined as voluntary sexual intercourse between a married person and someone who is not their spouse. To use adultery as a ground for divorce, you must provide clear and convincing evidence, which can include witness testimony, photographs, or digital communications. The burden of proof can be heavy, as mere suspicion or innuendo is insufficient. Randall J. Borden understands the sensitivity required to handle such evidence effectively and will ensure your case is presented with the utmost respect and diligence.
Impact of Adultery on Divorce Proceedings
Adultery can significantly influence the course of divorce proceedings in Virginia. If proven, it establishes immediate grounds for a fault-based divorce, potentially accelerating the process compared to a no-fault divorce, which requires a separation period. However, proving adultery can complicate negotiations, sometimes leading to more contentious disputes over other aspects of the divorce, such as child custody and asset distribution. We can guide you through these complexities, ensuring that the impact of adultery on your divorce is handled with strategic care to protect your interests.
Adultery and Property Division
In Virginia, adultery can impact the division of marital assets during divorce proceedings. The state generally aims for an equitable distribution of property, but if adultery is proven, particularly if it involves financial misconduct, such as using marital funds to support an affair, the court may adjust the division unfavorably for the adulterous party. This adjustment can include a greater share of marital assets awarded to the non-adulterous spouse, reflecting the financial implications of the affair.
Adultery and Spousal Support
Adultery can have a significant impact on decisions related to spousal support in Virginia. If the court determines that adultery has taken place, the adulterous party is generally not eligible to receive alimony unless there are specific circumstances where denying alimony would be extremely unfair. This rule highlights the serious financial consequences of infidelity in divorce proceedings. Randall J. Borden will ensure that all relevant facts, including any instances of adultery, are taken into consideration to achieve a fair outcome in determining spousal support in your case.
Contact an Experienced Fairfax Adultery Divorce Attorney
Randall J. Borden has a deep understanding of how adultery impacts divorce proceedings in Virginia, from property division to spousal support. With our experienced guidance, you can confidently address the challenges posed by these sensitive issues. Ready to protect your rights and secure a fair resolution? Contact us today to discuss your situation and explore your legal options.