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adultery

Adultery is voluntary sexual intercourse between a married person and a person who is not his or her spouse. Adultery is a leading cause of divorce, and in some states may be relevant in determining who was at fault for the breakup of the marriage, and whether the innocent spouse is entitled to an unequal division of the assets.

In Virginia, adultery is considered a misdemeanor criminal offense under state law. Specifically, it is defined under Virginia Code Section 18.2-365 as voluntary sexual intercourse by a married person with any person who is not their spouse. While it is rarely prosecuted as a criminal offense, adultery can have significant implications in divorce proceedings. Virginia is a fault-based divorce state, which means that the conduct of the parties can be relevant to divorce decisions. Adultery can impact the outcome of divorce in several ways, including the division of marital assets and spousal support. An aggrieved spouse may be entitled to a greater share of the marital assets or may be more likely to receive spousal support if they can prove the other spouse committed adultery. However, it's important to note that there are defenses to adultery claims in divorce proceedings, and the burden of proof lies with the spouse making the accusation.

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Divorce

adultery

Individual & Family Legal Plan

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Virginia State Code

Divorce

adultery

Articles