Legal Question in Family Law in Virginia
Adultery coroboration
My wife has admitted to me her adulterous affair. I have a recording of a face to face conversation where she also admits it. She was unaware she was being recorded. Is that O.K.? Also can my minor child of 9 coroborate in the case. He has witnessed them huging and kissing.
Asked on 6/26/06, 2:40 pm
1 Answer from Attorneys
Paul B. Ward
Law Offices of Paul B. Ward
Re: Adultery coroboration
The recording is admissible; however, it is duplicative of her acknowledgment to you, and thus would not be corroboration. The paramour could be required to testify as the corroborating witness, in he is within the reach of the court.
Nothing would convince me that it's appropriate to ask a 9 year old child to testify to his parent's adultery.
Answered on 6/26/06, 3:19 pm