Proving Adultery in the Course of Your Virginia Divorce

Posted on May 5, 2011 by Hofheimer Family Law

Adultery is one of the leading causes of Virginia divorce. If you believe your husband has cheated on you and you want to file for divorce on the grounds of adultery, you will need to show proof the infidelity occurred.

Many times, a woman will have a strong intuition that her husband is cheating. You may or may not be correct in your assumption but when it comes to Virginia divorce, proving adultery takes more than just a gut feeling.

Proving adultery is not always easy. Normally, when proving any event occurred, eyewitness testimony is the best type of evidence. Of course, when it comes to adultery, there are rarely ever any eyewitnesses to the act, so the case needs to be built on what is called circumstantial evidence.

Circumstantial evidence shows your husband had the inclination and opportunity to commit adultery.

Proving adultery in a Virginia divorce with this kind of evidence can include things like:

  • Letters or texts – information showing intimate communication or cell phone records that show repeated calls to the same number.
  • Photos – visual evidence of your spouse and the alleged paramour entering or exiting her house or a hotel or being affectionate in any public place.
  • Travel records – showing your husband and his suspected lover traveling to the same place at the same time.
  • Computers – it can hold a treasure trove of information, so if you can get access to the data, you may be in luck.

Discovering adultery
is a heartbreaking experience and taking steps to prove it can be difficult in more ways than one without the help of legal counsel. If you have any questions about proving adultery, you should speak with an experienced Virginia divorce attorney.

Contacting a Virginia Divorce Attorney

The decision to file for divorce usually comes at the end of a long and painful journey. In addition to the emotional turmoil involved, there’s also a lot of fear and uncertainty about what the future holds. Concerns about children, mortgages, and even just paying the bills or buying groceries can easily become overwhelming.

A Virginia divorce attorney at Hofheimer Family Law Firm can examine the specifics of your case to help you decide how much support to ask for, what child custody arrangement will work best for you and your children, and how to fairly divide your marital assets. Request a FREE copy of our divorce book for women in Virginia or reserve your seat at our monthly divorce seminar – 757-425-5200