Legal Question in Family Law in Virginia
Legally what constitutes adultery?
My husband is threatening to obtain a divorce on the grounds of adultery. There are 3 children in the family. I would like to know what he would need to prove adultery and could I be made to testify? Thank you.
1 Answer from Attorneys
Re: Legally what constitutes adultery?
Adultery is a married person having sexual relations with someone they are not married to. It is proven by opportunity and inclination. Opportunity is being alone together long enough for the sex act to occur. Inclination is kissing, holding hands, or otherwise expressing romantic interest. Adultery may be proven by these two elements even if the sex act does not occur. The alleged adulterer may be called as a witness, but there must be independant corroboration.
Olivier Long
Law Offices of Olivier Denier Long
10500 Sager Avenue, #B
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