Infidelity is one of the most common causes of divorce. Spouses who conduct extramarital affairs destroy the trust that their spouses have in them and can irrevocably alter the dynamics of a marital relationship. Whether the outside relationship was an ongoing affair or a one-night stand, it may leave one spouse unwilling to stay married.
Those preparing to divorce after learning about an extramarital affair may want to hold their spouses accountable. After all, adultery is a violation of the vows made during a wedding and a breach of basic ethics.
Some people approach the divorce process with unrealistic expectations. The information that they have about divorce may largely stem from popular media rather than the legal system, which unrealistically dramatizes the divorce process. What impact can people typically expect an extramarital affair to have on the divorce process in Virginia?
1. Allowing for a fault-based divorce
Most people choose no-fault divorce proceedings. However, Virginia does acknowledge several grounds for fault-based divorces, including adultery. When there is proof that one spouse cheated, the other spouse can initiate fault-based divorce proceedings where the courts affirm that the other spouse was technically at fault for the decline and end of the marital relationship.
2. Altering property division
Generally speaking, marital misconduct does not automatically alter the terms set for property division in a divorce. The courts must pursue an equitable or fair distribution of property.
In cases where one spouse cheated, they may have wasted a substantial amount of money on their affair. If there is proof that one spouse dissipated marital property by racking up credit card debt or spending marital income on their affair partner, the courts may take that into consideration when distributing the marital estate.
3. Eliminating alimony
Alimony, sometimes called spousal maintenance or support, involves one spouse providing financial support to the other after the end of a marriage. In cases where there is proof that one spouse cheated, the unfaithful spouse may not be eligible for alimony payments from the other under state law.
Those hoping to hold a spouse accountable for infidelity generally need compelling evidence and an understanding of the law. Securing legal representation early in the divorce process can be beneficial for those seeking vindication after discovering that a spouse cheated.