Can I file for divorce in Virginia based on adultery?

Full question:

I live with my husband in Virginia. Seven years ago, I caught him in untoward circumstances with another woman. However, we patched up things and continued living together. But, things were never the same after that incident. I want to file a suit for divorce now. Can I use adultery as a ground for divorce?

  • Category: Divorce
  • Subcategory: Grounds
  • Date:
  • State: Virginia

Answer:

No, in Virginia, you cannot file for divorce on the ground of adultery if you continued to live together after learning about it. According to Virginia law, if spouses cohabit after discovering adultery, the court will not grant a divorce based on that ground. Additionally, if the adultery occurred more than five years before filing for divorce, it also cannot be used as a basis for the divorce (Va. Code Ann. § 20-94).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Spousal abandonment occurs when one spouse leaves the marital home without consent and without a valid reason. Examples include a spouse moving out to live with someone else, leaving for an extended period without communication, or refusing to return home after a separation. In Virginia, abandonment can be a ground for divorce if it lasts for a year or more.