Legal Question in Family Law in Virginia

I live inVirgina.My wife of 30 yrs has ask for a divorce as she said she has someone else she has been seeing.During our marriage she inherited (Life time Rights) to a house we have lived in for 15yrs+ and contents.It is willed to both my adult daughters .

I have read I should not leave due to a possible suit for desertion.SHE has admited shes commited adultry to my daughter

Can I leave with the suituation.Can she make me leave legally.??

Thank You


Asked on 6/02/14, 7:15 pm

1 Answer from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

The answer is yes to both questions. You do not desert if you leave after knowledge of her adultery, and her adultery, if it can be proved, will bar her receiving alimony. Even if you choose not to leave, you do not want to "cohabit" with you wife now that you are aware of her infidelity -- to do so is to condone her adultery. If you stay, you should take up separate quarters in the home, not have meals with her, not socialize with her and let it be known that you are separated though living under the same roof.

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Answered on 6/03/14, 8:02 am


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