Legal Question in Family Law in Virginia

Your brother has a number of rights that cannot be addressed completely in this format.

Certainly, if your brother can prove the adultery, he is entitled to receive a decree of divorce on those grounds. If he proves the adultery, his wife may not be entitled to spousal support.

What he needs to understand, though, is that, even if he proves adultery, this does not mean that she is not entitled to an equitable distribution of the marital assets.

Even more important, the fact that she has been a bad wife does not automatically mean that she is a bad mother, and that he will automatically be given custody of the child/children. The custody of a child is determined based on what is in the best interests of that particular child; the child is not to be punished for the bad acts of the parent.

As always, I strongly recommend that before taking action in this matter, your brother obtain competent legal advice based on the specific facts of his situation.

He can obtain an initial half/hour consultation for $35 through the Virginia Lawyer Referral Service:

http://www.vsb.org/site/public/lawyer-referral-service/

This will be money well spent.

Good luck.