Legal Question in Family Law in Virginia
divorce
My neice is married to a very cruel man who had an affair.They tried to work through it but their marriage is over. However she has had sex with him since she saw her lawyer. Her husband says it imakes he adultry null and void now. Is this true?
Asked on 2/23/09, 12:10 am
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: divorce
Your niece should return to see her lawyer and have him or her explain Va. Code Sec. 20-94 to her, i.e., effect of cohabitation after knowledge of adultery. (It would appear highly doubtful under this fact scenario that any relations which the niece may have had with this allegedly cruel man would make his alleged "adultery null and void now", from a legal perspective, particularly, if he had connived to seduce her with that purpose in mind.)
Answered on 2/23/09, 12:37 am