Legal Question in Family Law in Virginia
My husband filed for divorce on grounds of adultrey because of text messages. No sexual contact ever made. He also seceretly hid videos in my home afer the seperation to watch my every move and says he is going to use these in court. Is this legal? Bottom line, he is trying to take my son from me, collect child support, spousal support. I have a decent job and two other childrent from a previous marriage. Oh and he has three class one misdemenor gun charges to be heard this month. I'm really stressed because of his constant intemidtion with me.
1 Answer from Attorneys
Text messages in and of themselves are unlikely to be found by the divorce court to be a sufficient ground(even if proven) for the fault ground of adultery(in my opinion).
If you are separted from your husband and occupy separate residences,
respectively, he would have no legal authority to be secreting video cameras within your home to observe you for any reason and he could be liable in civil damages to you for violation of your expectation of privacy in this circumstance.