Virginia Divorce Attorney

When a marriage ends, emotions run high and legal questions often follow. If adultery has played a role in your relationship, you may be wondering how it affects your rights, responsibilities, and future. At American Lawyers Group PLLC, our experienced Virginia divorce attorneys help clients navigate the complexities of divorce, especially when fault grounds such as adultery are involved.

Whether you’re pursuing a divorce based on adultery or defending against such an accusation, it’s essential to understand how Virginia law treats infidelity, how it impacts spousal support, and what kind of evidence is needed to prove or disprove it.

What Does “Adultery” Mean Under Virginia Law?

In Virginia, adultery is defined as voluntary sexual intercourse between a married person and someone who is not their spouse. This definition, found in Va. Code § 20-91(A)(1), forms one of the few “fault-based” grounds for divorce recognized in the Commonwealth.

Unlike “no-fault” divorces that rely on a period of separation, an adultery-based divorce alleges that one spouse’s misconduct directly caused the breakdown of the marriage. Proving this claim, however, requires clear and convincing evidence, a higher standard than in most civil cases.

Because adultery is also a Class 4 misdemeanor in Virginia, many spouses accused of adultery choose to exercise their Fifth Amendment right against self-incrimination. This makes the process of proving adultery even more complex and highlights why consulting a skilled Virginia divorce attorney is crucial.

 

The Burden of Proof in Adultery Cases

Courts in Virginia take adultery claims seriously, but they also require solid evidence. Speculation, rumors, or vague suspicions are not enough. To prove adultery, the accusing spouse must show by “clear and convincing evidence” that:

1. The accused spouse engaged in sexual relations with someone outside the marriage; and
2. Those acts occurred before the separation or the filing of the complaint.

Because direct evidence (such as photographs or eyewitnesses) is rare, most adultery cases rely on circumstantial evidence—proof that suggests an affair through conduct and opportunity. For instance, if a spouse regularly spends nights at another person’s home or sends romantic messages suggesting intimacy, courts may infer adultery.

However, the evidence must be strong enough to leave “no reasonable doubt” in the judge’s mind. This is why working with a divorce attorney experienced in adultery cases can make all the difference in how the court perceives your claim or defense.

The Role of Private Investigators and Digital Evidence

In many Virginia adultery cases, attorneys work with licensed private investigators to gather credible evidence. Investigators may document patterns of behavior, track hotel stays, record communications, or obtain testimony from witnesses who observed the relationship.

Digital footprints, which include text messages, emails, call logs, or social media activity can also serve as powerful evidence if authenticated properly. However, not all evidence is admissible. For example, recording a spouse without their consent may violate Virginia’s wiretap laws and backfire legally.

An experienced Virginia divorce attorney can help you determine what evidence is legally usable, ensuring your case is both persuasive and compliant with Virginia’s evidentiary rules.

The Impact of Adultery on Divorce Outcomes

Many clients assume that proving adultery automatically gives them everything they want in a divorce, including custody, property, and support. In reality, Virginia judges consider adultery as one factor in a broader equitable framework.

1. Spousal Support (Alimony)

One of the most significant effects of adultery concerns spousal support. Under Va. Code § 20-107.1(B), a spouse who has committed adultery is barred from receiving spousal support, unless denying support would result in “manifest injustice.”

That means if the unfaithful spouse is financially dependent and denying support would cause extreme hardship, the court may still award support. The judge will consider the circumstances, financial disparities, and fault of both parties.

For the spouse seeking to avoid paying alimony, proving adultery can be a decisive advantage. However, the financial realities of each party still matter, and even a proven affair doesn’t guarantee zero support payments.

2. Property Division

Virginia follows the rule of equitable distribution, not automatic 50/50 division. Courts divide marital property “fairly,” considering multiple statutory factors under Va. Code § 20-107.3(E), including each party’s contributions and fault in the marriage’s breakdown.

While adultery doesn’t automatically change who gets what, judges can consider it when determining fairness. For example, if a spouse used marital funds to finance an affair (paying for gifts, trips, or housing for the paramour), the court may order reimbursement or an unequal division favoring the innocent spouse.

3. Child Custody

Adultery alone doesn’t determine custody. Virginia courts prioritize the best interests of the child under Va. Code § 20-124.3, focusing on factors like parenting ability, stability, and emotional well-being. However, if the adulterous behavior exposed the child to harm, instability, or neglect, it could influence the custody determination.

4. Grounds for a Fault Divorce

Filing on adultery grounds can also bypass Virginia’s one-year separation requirement for no-fault divorces, allowing a faster resolution in some cases. However, because adultery cases often become contested and fact-intensive, they can take longer to litigate overall.

Defending Against an Adultery Allegation

If you’ve been accused of adultery, you still have powerful defenses. The most common defenses include:

1. Denial / Lack of Proof – The accusing spouse bears the heavy burden of proof. If they can’t meet the “clear and convincing” standard, the court must dismiss the claim.
2. Condonation – If the innocent spouse discovered the affair and forgave it (expressly or by continuing marital relations), they cannot later use it as grounds for divorce.
3. Recrimination – If both spouses committed adultery, neither can claim it as a fault ground.
4. Connivance or Procurement – If one spouse encouraged or set up the adultery (e.g., hired someone to tempt or entrap), the court will not reward that behavior.

Because adultery remains a criminal offense in Virginia, your attorney may also advise you to invoke the Fifth Amendment to avoid self-incrimination. However, doing so can allow the court to make negative inferences in the civil divorce case, which must be balanced carefully by your counsel.

Why You Need a Skilled Virginia Divorce Attorney

Adultery-based divorce cases are uniquely sensitive and require both strategic skill and legal precision. A knowledgeable Virginia divorce attorney can help you:

• Evaluate whether adultery should be raised as a ground or left aside in favor of no-fault separation;
• Gather and present admissible evidence while avoiding unlawful surveillance or recordings;
• Assess how adultery might influence spousal support, property division, or custody;
• Negotiate a settlement that protects your financial and emotional interests; and
• Navigate the emotional intensity of a high-conflict divorce with professionalism and discretion.

Our attorneys at American Lawyers Group PLLC regularly appear before Fairfax, Alexandria, Arlington, Prince William, and Loudoun County courts, and understand the nuances of how local judges evaluate fault-based cases. We combine courtroom experience with compassionate client advocacy to deliver practical, results-driven outcomes.

The Strategic Question: Should You File on Adultery Grounds?

While adultery can feel like a moral wrong that demands legal vindication, not every case benefits from fault-based litigation. Sometimes, a no-fault divorce provides a faster, less expensive, and more private resolution.

Our firm often helps clients weigh the pros and cons before filing:

Advantages of filing on adultery grounds:

• Immediate eligibility for divorce (no one-year separation needed)
• Possible bar to the adulterous spouse receiving support
• Potential advantage in equitable distribution if marital funds were misused

Disadvantages:

• High burden of proof
• Emotional and financial cost of investigation and trial
• Possible retaliation or counterclaims (e.g., recrimination)
• Loss of privacy due to public court filings

Every situation is unique. The best strategy depends on your goals, your evidence, and your long-term priorities. Our Virginia divorce attorneys can help you make an informed decision about whether to pursue or defend against adultery claims as part of your overall divorce strategy.

Common Myths About Adultery in Virginia Divorce

Myth 1: If I prove adultery, I automatically get everything.
Not true. Virginia courts aim for fairness, not punishment. Adultery can influence financial outcomes, but it does not dictate them.

Myth 2: Adultery always affects custody.
Only if the behavior impacts the child’s welfare. Otherwise, custody decisions are based on parenting factors, not moral judgments.

Myth 3: Adultery is easy to prove with text messages.
Texts can help, but they rarely prove sexual intercourse occurred. Courts require clear and convincing evidence of both inclination and opportunity.

Myth 4: I can’t get divorced if my spouse won’t admit the affair.
Admissions aren’t necessary; circumstantial evidence can suffice if strong enough. That’s why thorough preparation with your attorney is essential.

How Our Firm Can Help

At American Lawyers Group PLLC, we understand that every divorce is deeply personal. Our goal is to protect your rights, reputation, and future while guiding you through one of life’s most difficult transitions.

Our services include:

• Comprehensive case evaluation and strategy planning
• Evidence analysis and coordination with investigators
• Negotiation and settlement discussions
• Court representation for fault and no-fault divorces
• Advice on spousal support, custody, and equitable distribution

Whether you’re filing for divorce on the grounds of adultery or responding to allegations, our firm will provide the experienced legal counsel you need.

Contact a Virginia Divorce Attorney Today

If you suspect adultery or are accused of it, do not face the process alone. A skilled Virginia divorce attorney can clarify your options, protect your legal rights, and help you move forward with confidence.

At American Lawyers Group PLLC, we represent clients across Northern Virginia, including Fairfax, Alexandria, Arlington, and surrounding jurisdictions. Schedule a confidential consultation today to discuss your situation and explore the best path forward.

Call (703) 786-8340 or fill out our online contact form to speak with a trusted Virginia divorce attorney who will fight for your interests with professionalism, discretion, and compassion.