Legal Question in Family Law in Virginia

My wife and I have not lived together for over a year. I am an active duty service member. She is now pregnant with another man's child. Due to the length of separation, is she guilty of adultery, and am I required to provide her financial support?


Asked on 10/20/09, 12:44 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

First of all, since the child was born of the marriage, the law presumes you to be the father, until a court of proper jurisdiction has determined otherwise. With respect to your wife's alleged adultery, she's presumed innocent until proven liable by a preponderance of the evidence for the fault ground of adultery by this court of proper jurisdiction.

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Answered on 10/25/09, 11:11 am


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