Adultery and Spousal Support

Adultery and Spousal Support

Adultery, sodomy, and buggery are – at least for now – grounds for fault-based divorce in Virginia.  There are a number of other, alternative fault-based grounds, including cruelty, apprehension of bodily hurt, desertion, abandonment, and felony conviction, but adultery has always been sort of in its own category because it is also a crime (a...

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On July 1, 2026, the law is changing.  To be fair, almost every single year on July 1, the law changes in some way and, usually, there is some impact to family law.  Sometimes, the effect is negligible – like, last year, when guideline child support was raised.  Don’t get me wrong.  We celebrated.  But...

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When can I file for divorce?

The laws are changing beginning July 1 – so, though my answer to this question up until now would have been one thing, now it is different.  Let’s talk about it! In Virginia, we have both fault and no fault divorce.  (At least for now – the Virginia Family Law Coalition is looking into this...

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In the last several years, there have been some major changes to Virginia family law.  Just last year, in 2025, guideline child support amounts were raised.  This year, in 2026, the two major changes for family law are (1) that post-separation adultery is no longer recognized as a cause of action and (2) that, even...

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Adultery AFTER Separation: July 1, 2016

Divorce from bed and board is getting all of the hype this July, but it’s not the only change that Virginia has implemented this year.  In case you hadn’t heard, Virginia is no longer recognizing post separation adultery as a cause of action. Let’s discuss. Pre v. Post Separation Adultery               What is adultery? Adultery...

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The murder of Cerina Fairfax – who was in the midst of a divorce in Northern Virginia at the time that her husband, a former Virginia lieutenant governor, killed her and then himself in the family home while the children were home – has made waves over the last few months, sparking renewed attention on...

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When can I start dating after separation?

There’s an easy answer to this question.  There’s also a harder answer.  Let’s get into it, though, and talk more about dating after separation and divorce. Dating after separation: the easy answer The easy answer is that life is messy.  That marriages often end long before divorces are finalized.  That, for many separated and separating...

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Adultery After Separation (But Before Divorce)

In Virginia, you are married until you are divorced.  While Virginia requires a fairly lengthy period of separation before you are legally permitted to finalize your divorce, being legally separated is not the same as being actually divorced. Separated is still married.  In fact, the entire point of requiring a period of separation is so...

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