Legal Question in Family Law in Virginia

Re: husband caught having an affair

While it is your decision whether or not to let him stay you should be aware that by allowing him to stay you could be found to have condoned his adultery, thereby giving him this defense if your divorce complaint is based on such act.

Re: husband caught having an affair

If Maryland law applies, the answer depends on what your goal is. If you wish to pursue a divorce on grounds of adultery, allowing him to stay may provide him with the defense of condonation of the alleged adultery.

Re: husband caught having an affair

Whether he stays or goes would appear to be up to you. If your decision is the latter, you could file a pendente lite petition in the circuit court for temporatry support and custody of the children and also request that the court order that your husband be required to vacate your home.