Legal Question in Family Law in Virginia

My husband of 7 years and I are getting a divorce in Virginia. We have a 4 year old son. We were going to file for separation and wait the year but he was informed that we could file with the terms of adultery. I did have an affair and I am still with the man I cheated with. My question is what are the consequences of filing with the terms adultery?

Asked on 2/26/10, 11:05 am

Michael Hendrickson Law Office Michael E. Hendrickson

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Probably no consequences in terms of the court's evaluation of your fitness

to parent and to have at least shared custody of your son; however, if you're

seeking spousal support, a formal finding of adulterous behaviour on your part

could result in what might be termed "a shaved alimony award", depending upon

the particular Virginia court and/or judge involved. (This is my very

rough and general estimate based upon the few facts offered in the question).

Someone should inform your husband that the better course for him to pursue

for everyone involved in this divorce would very likely be no-fault grounds rather than the fault ground of adultery.

Answered on 3/03/10, 6:44 pm

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