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Proving Adultery In Virginia

Posted by Bill on March 18, 2008

justice.jpg  Fairfax County, VA, Circuit Court Judge Michael P. McWeeny issued an opinion letter granting a divorce in which one of the parties alleged the other party committed adultery.  Proving adultery in Virginia is not easy, and alleging adultery as a ground for divorce in Virginia is not common.

This published opinion letter, see VA Lawyers Weekly, was issued in December 2007.  The parties in the case had been married for 35 years and the husband and wife were 65 and 60, respectively.  The court found the evidence of adultery was supported by a private investigator’s testimony and surveillance video.  The evidence reflected that the husband was observed coming and going from the home of his “friend,” grocery shopping with her and remaining until late evening in her home.  There was no direct evidence of husband spending the night with his “friend,” nor were they ever observed making displays of public affection (often proof of adultery in Virginia).

The “killer” evidence was that husband was seen coming out of his “friend’s” home on two occasions in a “state of partial undress.”  One time he was seen in pants with no shirt.  Then, he was seen coming out of the house in only his tee-shirt and boxer-style underwear.  From all of the above circumstances, the court found that husband, indeed, did commit adultery.  Read the case Here VA Lawyers Weekly


7 Responses to “Proving Adultery In Virginia”

  1. Larry A. Peters said

    Adultery has to be proven that it exist before the couple parted ways. This is why our phone records were so important to show that relationship before they parted the residence. Every Judge is different in their findings. I once gave testimaony of a shadowy figure going and coming from a trailer two times and the judge found adultery. What would really be excitiing is to bring back “Alienation of Affection”. Ever PI in the state would be over worked keeping up with the demand.

  2. James said

    I find myself looking for answers because I’m an upstanding member of the community that has never committed a crime, but have been dating a woman for a while where her husband has decided to create problems. My understanding is they were apart for more than a year before we started dating (in VA where we both live in separate homes). He claims he has photos of us and the only thing he could have in public is us occasionally holding hands, and perhaps kissing hello/goodbye. Does that constitute adultery in the eyes of the law. She wants a divorce and will as soon as her finances permits it.

    Thank you


  3. When one of the spouses in a divorce has an affair — has been unfaithful — we long to point to that as the reason. More often than not, adultery isn’t the cause of divorce; it’s just one of the symptoms.

  4. this is a good blog. will come back regularly to read more posts

  5. Jim M said

    In the State of Virginia, does one need to prove opportunity plus Public Display of Affection? Does anyone have any history of this? I am being told that finding your wife alone in a hotel room with another man along with cell phone records may not be enough to prove adultry with out the kissing, holding hands of PDA.

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