Legal Question in Family Law in Virginia

Re: adultery - need to know

1. It is unlikely that you can be forced to testify in Virginia, as long as you do not enter the state until the divorce is over. If you come into Virginia, you could be served with a subpoena and forced to appear. As long as you remain in West Virginia, you can't be served with valid Virginia process. However, you can possibly be forced to testify at a deposition in West Virginia, though this is rarely done.

2. Under current Virginia law, his wife cannot sue you in a civil action, nor is it likely that there is any criminal charge that can be brought against you that would cause you to be extradited to Virginia. Theoretically, if you ever came to Virginia, you could be charged with adultery, but there is some question whether it could be prosecuted, but even if it were, the only penalty is a fine -- no jail time.

I hope that helps. I would suggest that you not worry about it too much unless you actually get served with something, and, if you do, it is likely that very little will come of it.