Legal Question in Family Law in Virginia
Spouse Committed Adultery. We have separation agreement.
I have asked a similar question before but I hope I can receive an answer to this delemma.. I have separated from my spouse, reconciled and separated again.. All due to adultery on his part.
We signed a property settlement/separation agreement where I have completed relinquished all rights to marital property before and/or during the marriage..
If I were to sue for adultery, what then would I be entitled to, if anything? Could I get cash based on mental distress, degradation, and humiliation?
2 Answers from Attorneys
Re: Spouse Committed Adultery. We have separation agreement.
As with many legal matters, it depends. First, it depends on what the agreement says about reconciliation. Then it depends on what terms of the agreement were left undone at the time of the reconciliation. It may even depend on whether the agreement itself could have been set aside before the reconciliation.
Re: Spouse Committed Adultery. We have separation agreement.
You have a couple of legal issues here. First, when was the adultery, before the reconcilation or after? If before the reconcilation then you likely do not have a claim if you resumed sexual relations with him after learning of the adultery. If it was after the reconcilation then your settlement agreement, if it survived the reconciliation, may have language in it that allowed him to commit adultery! You reallys should speak with the attorney and allow him or her to review the settlement agreement to determine 1) did the agreement survive the reconcilation; and 2) did the agreement allow for each of you to date other people!
Good luck to you.
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