Divorce is simply the termination of marriage. From a legal point of view, the divorce itself is the easiest part. For the people going through it the divorce may be very difficult emotionally but the legalities are quite simple. Of the four fault-based grounds for divorce, adultery garners by far the most attention.

Making the decision to pursue adultery as a grounds for divorce can be complicated for a number of reasons. The term "alimony" is not used in Virginia. Money that must be paid to a former spouse for their support after the divorce is called "spousal support." Appeals to the Virginia Court of Appeals or Virginia Supreme Court are not a new trial.

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Bob Jeffries is a very experienced lawyer with more than 25 years in active practice. He takes a down-to-earth and practical approach to meeting his client's needs. He explains the law and legal procedures in plain English. He is a graduate of Dickinson College and the Georgetown University Law Center where he was an editor of the Georgetown Law Journal.

Adultery

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Sexual infidelity is a factor in many divorces. It can have an impact on spousal support, the distribution of the parties' property, and child custody. The effect on spousal support is the most important. The spousal support statute is Section 20-107.1 of the Virginia Code. It provides that a spouse who is guilty of adultery cannot receive spousal support.

Appeals FAQ

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If your child custody case was in a Virginia Juvenile and Domestic Relations Court, you can appeal it to the Circuit Court. This kind of appeal is called "de novo" and it means that the case is tried all over again in the Circuit Court. The Circuit Court judge is expected to look at the evidence and make their own decision regardless of what the Juvenile Court judge did.

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