Results 1 to 2 of 2

Hybrid View

  1. #1
    Join Date
    Feb 2006
    Location
    VA
    Posts
    6

    Default Online Activity as Grounds for Divorce

    I have some more questions that I hope someone can give me some answers to or at least point me in the right direction to find the answers.

    Hubby and I were married for 4 years, separated Oct 11, he moved back in for 5 days and we lived as roommates, separate room and we even wrote up a contract, then he went to jail on Oct 21. Will his being incarcerated have an effect on the separation date seeing as how we officially (no cohabitation) separated 10/21, but that was because he went to jail?

    Once I get the separation agreement signed by him, and wait the 6 months, can I file for the divorce and have it finalized before he gets out in the fall or will I have to wait until he’s out to go any further with the proceedings?

    Last one, while we were married hubby decided to participate in some online behavior that I did not approve of, not illegal, just not what I expected. I got smart and started tracking what he was doing online and I have documentation of a sexually explicit online conversation that he had with another man as well as some posting of personal ads that he made looking to date other people (men). Can any of this be used as grounds for divorce? In this day and age I was wondering what could be considered adultery?

    Thanks!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Incarceration and Divorce in Virginia

    It is my understanding that Virginia requires incarceration for one year under a sentence of three or more years, before the incarceration is a basis for absolute divorce. Involuntary separation requires a wait of two or more years, so going to jail doesn't seem to shorten the one year waiting period for voluntary separation.

    You might have difficulty getting the online activity into evidence, as it may be difficult to prove that he was responsible for that activity.

    1. Sponsored Links
       

Similar Threads

  1. Divorce: Separation as Grounds for Divorce
    By sidharthmellam in forum Divorce, Annulment and Separation
    Replies: 5
    Last Post: 02-05-2011, 08:22 PM
  2. Sex Offenses: Online Activity Involving a Minor and Adult
    By dinosaurjump in forum Criminal Charges
    Replies: 5
    Last Post: 07-13-2010, 03:20 AM
  3. Divorce: What Grounds Can I Use to Claim Divorce
    By veger in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 07-10-2010, 06:31 AM
  4. Divorce: Is Libel Grounds for Divorce?
    By Veritas53 in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 07-09-2008, 02:30 PM
  5. Divorce: Grounds For Divorce In New York
    By superfine in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 12-02-2007, 01:31 PM
 
 
Sponsored Links

Legal Help, Information and Resources