Legal Question in Family Law in Virginia
adultry
My best friends' husband committed adultry. She caught him, he admitted it. Several pastors in our church know and have been trying to help. He continues to see this woman, against everyone asking him to stop. His wife (my friend) asked him to move out of the home until he decided what he wanted. He has refused to leave the home. Does she have any rights to make him leave? There are two small children in the home, that belong to both of them. She wants him to leave and he won't. But he continues to see his mistress.
2 Answers from Attorneys
Re: adultry
She can file suit for divorce based on adultery and ask the court to give her exclusive use of the marital residence, a request that's likely to be granted.
Re: adultry
Believe it or not, in Virginia the court will not force the husband out of the house until a final decree of divorce is granted UNLESS there is domestic violence. She would have to file for divorce now based on adultery but he would be allowed to remain in the house while awaiting the final trial date. Please let her know that if she takes him back or has sexual relations with him from this point on she will lose her right to claim adultery.
I wish her strength during this very difficult time.
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