Legal Question in Family Law in Virginia

I want to get a divorce from my husband in VA. We have 2 children (10yrs & 16yrs). I am having an affair - however this is not the cause for the divorce - several other issues are the cause.

I need to know if once I get an attorney, should the affair be disclosed to my attorney (even though my husband is not aware of the affair at this time)?

If I do tell my attorney will the divorce automatically go from "no fault" to "adultery" even though it would not be initiated by my husband?


Asked on 8/14/12, 7:21 am

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

Yes, you should disclose this affair to any attorney you retain to represent you in the divorce who will treat it as confidential information.

And, no, merely disclosing the fact of the affair to your lawyer would in no way

cause "the divorce [to] automatically go from no fault to adultery".

Many divorces are initiated and eventually granted on no fault grounds in the Commonwealth and elsewhere even though one or both parties may have been involved in adultery or other fault grounds.

Read more
Answered on 8/14/12, 7:39 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Virginia