Is Virginia an at fault divorce state?
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Is Virginia an at fault divorce state?
Virginia law allows for divorce based on both fault-based and no-fault grounds. The fault-based grounds include desertion (actual or constructive), adultery, desertion (actual or constructive), and felony conviction and confinement in excess of one year.
What happens in a divorce if you commit adultery?
divorce cases based on Adultery are generally quicker than the other grounds if your spouse is prepared to admit it, as it does not require any discretion on behalf of the judge dealing with the divorce. As long as the acknowledgement of service is completed correctly, the judge has no choice but to grant the divorce.
What is proof of adultery for divorce?
In order to prove adultery, there is no prerequisite that the other spouse gets “caught in the act,” or that there be photos or other physical evidence of the affair. Instead, as with all civil actions, a court must be satisfied on a “preponderance” of credible evidence that adultery has taken place.
Does cheating affect divorce settlement?
In most cases, as long as the person your spouse had an affair with doesn’t present potential harm to the child, it will not affect the custody decision.
