This includes any witnesses, and how precisely the time, place, and circumstances of the alleged adulterous behavior can be established. Circumstantial evidence may include unexplained disappearances in the evenings, perceived romantic meals, or staying alone in an apartment with another. The reality is, however, that these may all be met with a valid and innocent explanation.
Grounds for Divorce: Adultery
Although insufficient, unexplained conduct of a certain nature provides further evidence that there was an adulterous relationship. Naturally, any statement of admission by your spouse either in text message or email explicitly outlining their behavior would be damaging. However, even what seems to be direct admission by your spouse will require corroborating evidence. As noted above, adultery is a class four misdemeanor under the Virginia Code. This presents a further challenge, as an accused spouse may exercise their Fifth Amendment right against self-incrimination, thereby refusing to answer questions about the adulterous behavior.
However, a lack of credible explanation or lack of contradictory evidence from a spouse may then be relevant. The digital age we live in today means there are more ways than ever to communicate with one another. Popular mobile applications such as Snapchat, where images are supposedly deleted after a few seconds mean they are often the platform of choice for such activities and resultantly, the source of critical evidence if obtained. Ultimately, two of the three individuals subpoenaed to appear and provide testimony in court admitted to having sexual relations with the spouse in question, corroborating the digital evidence already found.
Adultery in Virginia | Smith Strong, PLC
We can separate emotion from fact, rumor from law, and help you present your case against your wife. Previous Next. Next you have to prove adultery. Clear and Convincing Evidence Here when what we see on television actually does mirror what goes on in a courtroom one of the very few times.
They must have one or more of two kinds of evidence: Direct evidence — Photographs, video without audio , eyewitnesses, a confession, e-mails, text messages, love letters how old-fashioned! Indirect evidence — Also called circumstantial evidence, this is hotel registration records, credit card receipts, opportunity, and inclination In most adultery cases, direct evidence is very hard to get. Obtaining Indirect Evidence of Adultery Most people are not stupid, nor are they professional spies.
What Exactly is Considered Adultery?
What is desertion?
Expect her attorney to put up a vigorous defense: You are no better than she; you had an affair, too! You knew she had sex with another person and yet you still had sex with her!
You set her up with another person deliberately so they would be attracted to each other! You have no physical proof or testimony that she engaged in actual sex! You Need a Solid Divorce Attorney with a Solid Strategy Ultimately, too, your wife is facing a Class 4 misdemeanor, a criminal charge, which means she can avoid incriminating herself by pleading the Fifth Amendment to the U.
Nevertheless, circumstantial evidence must be clear and convincing. Haskins v. Haskins , Va. Coe , Va. For a while, it seemed almost impossible to prove extramarital sex. See, e. Painter , Va. In Dooley v. He further testified that she kissed one of the departing visitors. In response, the wife testified she had been separated from her husband for almost a year and was thus free to date.
Virginia Divorce Laws – FAQs
She denied ever having sex with another man during the marriage and claimed that she had maintained separate hotel rooms from the attorney-boyfriend while on vacation. The attorney and one of her earlier visitors, likewise, never admitted having sex with the wife. The Supreme Court of Virginia held that such circumstantial evidence was insufficient to prove adultery. The court clarified the scope of Dooley two years later in Coe v.
Neither the wife, nor a witness on her behalf, provided any explanation of her activities with the alleged paramour. The Supreme Court of Virginia held that such circumstantial evidence was sufficient to prove extramarital sex.
Adultery and spousal support
The Court reasoned that Dooley v. Dooley was distinguishable on the following grounds:. Since Coe , the presence or absence of an explanation for a late-night rendezvous has become an important factor. For example, in Watts v. Watts , 40 Va. Instead of providing an explanation, the husband invoked the privilege against self-incrimination.
Based on this decision, it is quite obvious that a greater inference of extramarital sex can be made when there is no explanation offered for the reasons one spent the night with an alleged paramour. Finally, in Hughes v. Hughes , 33 Va.
Nevertheless, each denied having sex with each other. Rather, the wife explained that their living arrangement was predicated on her economic difficulties. Thus, with a reasonable explanation in tow, the Court of Appeals found the case indistinguishable from Dooley and held that extramarital sex had not been proven by clear and convincing evidence. If your spouse does not exercise the privilege against self-incrimination and does provide a credible explanation for any late night rendezvous, it will be very difficult to prove extramarital sex.