Can a wife file for divorce on the grounds of adultery seven year later?

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, a suit for divorce for on the ground of adultery, sodomy or buggery, will not be granted if the spouses cohabit after knowledge of adultery, sodomy or buggery or it has been more than five years before institution of suit per Virginia Code Annotated §20-94. It reads:
“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.”

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.