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  1. #1
    Join Date
    Dec 2011
    Posts
    2

    Default Adulterous Intent Divorce

    My question involves a marriage in the state of: Virginia


    I am planning to file for divorce. I know that if there are no children and no significant assets, you can file after 6 mos. separation.

    I wanted to find out if it is possible to file before that 6 mos separation time. My wife has admitted to dating before and after our separation. She is a diagnosed Bipolar, alcoholic. She has also admitted to kissing other guys during our marriage and once in my own home while I was away on business. I don't find it a stretch to believe adultery could have occurred.

    In my VERY LIMITED research on Virginia law and adultery, I found that you may be able to imply adultery without proof if there is enough circumstantial evidence.

    Two questions. Is her mental condition and admission to dating and kissing guys enough for that adultery implication and if so, can I get a divorce sooner that the 6 mos requirement?

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Adulterous Intent Divorce

    If you file for divorce, instead of waiting for her too, you may end up with lifetime alimony. I suggest you seek legal counsel.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Adulterous Intent Divorce

    Per statute,
    Quote Quoting Virginia Code 20-91. Grounds for divorce from bond of matrimony; contents of decree.
    A. A divorce from the bond of matrimony may be decreed:

    (1) For adultery; or for sodomy or buggery committed outside the marriage;

    (2) [Repealed.]

    (3) Where either of the parties subsequent to the marriage has been convicted of a felony, sentenced to confinement for more than one year and confined for such felony subsequent to such conviction, and cohabitation has not been resumed after knowledge of such confinement (in which case no pardon granted to the party so sentenced shall restore such party to his or her conjugal rights);

    (4), (5) [Repealed.]

    (6) Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year from the date of such act; or

    (7), (8) [Repealed.]

    (9) (a) On the application of either party if and when the husband and wife have lived separate and apart without any cohabitation and without interruption for one year. In any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, a divorce may be decreed on application if and when the husband and wife have lived separately and apart without cohabitation and without interruption for six months. A plea of res adjudicata or of recrimination with respect to any other provision of this section shall not be a bar to either party obtaining a divorce on this ground; nor shall it be a bar that either party has been adjudged insane, either before or after such separation has commenced, but at the expiration of one year or six months, whichever is applicable, from the commencement of such separation, the grounds for divorce shall be deemed to be complete, and the committee of the insane defendant, if there be one, shall be made a party to the cause, or if there be no committee, then the court shall appoint a guardian ad litem to represent the insane defendant.
    (b) This subdivision (9) shall apply whether the separation commenced prior to its enactment or shall commence thereafter. Where otherwise valid, any decree of divorce hereinbefore entered by any court having equity jurisdiction pursuant to this subdivision (9), not appealed to the Supreme Court of Virginia, is hereby declared valid according to the terms of said decree notwithstanding the insanity of a party thereto.

    (c) A decree of divorce granted pursuant to this subdivision (9) shall in no way lessen any obligation any party may otherwise have to support the spouse unless such party shall prove that there exists in the favor of such party some other ground of divorce under this section or 20-95.
    [/indent]
    B. A decree of divorce shall include each party's social security number, or other control number issued by the Department of Motor Vehicles pursuant to 46.2-342.
    Also,
    Quote Quoting Virginia Code 20-94. Effect of cohabitation after knowledge of adultery, sodomy or buggery; lapse of five years.
    When the suit is for divorce for adultery, sodomy, or buggery, the divorce shall not be granted, if it appear that the parties voluntarily cohabited after the knowledge of the fact of adultery, sodomy or buggery, or that it occurred more than five years before the institution of the suit, or that it was committed by the procurement or connivance of the party alleging such act.
    Kissing is not adultery. Adultery involves sexual intercourse. If the "dating" or "kissing" constitute acts that have been forgiven under Code Sex. 20-94, they're irrelevant. If the "dating and kissing" pertain to acts that occurred post-separation, once the marriage had irretrievably broken down, they're irrelevant. Bipolar disorder is not relevant to questions of adultery. The rest depends on the facts.

  4. #4
    Join Date
    Dec 2011
    Posts
    2

    Default Re: Adulterous Intent Divorce

    Well things have changed a little bit. I caught my wife red handed in bed, naked with my cousin. Does that qualify????

    We have been separated for two months, but she refused to forward her mail, get her belongings or remove my phone from her account....all despite my insistence. We don't have any actual separation document. All informal. Does this qualify now for an early divorce? I also took pictures for added measure.

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