Legal Question in Family Law in Virginia

Co-habiting with another woman while still legally married.

My husband of 18 years and I separated in Dec. 2006. I have not filed separation or divorce papers as I can not afford an attorney.

I was awarded physical custody and he was ordered to pay child/spousal support, which is deducted from his salary but is sporadic. While in court for visitation he admitted to the judge that he is living with the woman he has been having an affair with for 3 years and her children, the youngest one may be his(1 1/ years old). The judge ordered no contact between my children and his girlfriend. He is showing up at my kids school functions with her and her kids but they are coming in separate vehicles. He claims he can do that because they didn't come together. Can they do that?

Also, now that he has admitted to living with her and we are not even legally separated. Can I use that as evidence when I file for Divorce for adultry?


Asked on 7/14/07, 12:31 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Co-habiting with another woman while still legally married.

Unless, the girlfriend's children also attend the same school as your children

and therefore would naturally be entitled to attend the school functions on their own, it's probably a violation of the judge's no contact order.

And, yes, his current state of open (if not notorious) cohabitation with the girlfriend, might well be accurately construed as a fault ground for divorce known as adultery.

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Answered on 7/14/07, 12:45 pm


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