Legal Question in Family Law in Virginia
If a husband has an affair and admits it to his wife, and she has sex with him willingly, is evidence of adultery negated? The wife has full knowledge including evidence of an affair and the husband admits his infidelity. She has sex with him after she has all this evidence and he admitted it to her. Does this erase the evidence that can be admitted into court? The evidence includes pictures the husband took of the mistress and articles of clothing that belong to the mistress.
1 Answer from Attorneys
When the aggrieved spouse resumes cohabitation after learning of conduct constituting grounds for divorce this is called "condonation" which means forgiveness . The classic example is when a spouse finds out that the other has committed adultery and the innocent spouse sleeps with the adulterous spouse after being aware of the adulterous behavior. The innocent spouse cannot later allege the prior adultery as a reason for a divorce. If the affair resumes and the innocent spouse can prove the resumption, then he/she can pursue the divorce on adultery grounds.
Robert H. Smallenberg
(804) 368-7612
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