Amidst mounting evidence that golf god Tiger Woods has been hitting above par in the bedroom, Virginia Beach father/daughter legal team Charlie and Kristen Hofheimer offer the following advice to Tiger’s wife, Elin Nordegren, based on Virginia divorce laws:
Don’t sleep with Tiger! If Elin wants to pursue a claim of adultery, she cannot condone Tiger’s affair. If she has sexual relations with Tiger or resumes “marital cohabitation” with him, she has legally forgive the adultery. That is, the adultery that she knows about. If new evidence is revealed of other affairs, she hasn’t forgiven that. Only what she knew about when she went to bed with him. So no matter how many apologies Tiger issues, Elin cannot invite Tiger back into her bed if she wants to get a divorce based on adultery.
Tiger’s voice mails and text messages do not prove adultery! Even if the FBI confirms that it is Tiger’s voice on that voice mail, it doesn’t prove adultery In Virginia, you have to prove, by clear and convincing evidence, that your spouse had sexual intercourse with someone else. A voice mail asking Jaime Grubbs to remove her name from her voice mail on her phone, as panicked as that message may have been, does not meet that standard. Nor do three years of text messages asking Jaime to “send something naughty” to Tiger. So what does Elin need if she doesn’t have a photo of Tiger in the act? She needs clear and convincing proof of both the proclivity of Tiger and Jaime to engage in sex with one another and the opportunity. Proof of their stay at the MGM Grand together, in addition to text messages referring to Jaime’s naked body and promising to “wear [her] out” should do the trick. What if Tiger just admits it? That won’t do it. In Virginia, you need evidence from a source other than the admissions of the husband and/or wife to corroborate grounds for divorce.
Think before you react! As angry as Elin may be, she needs to think very carefully – better yet, consult with an attorney – before she reacts. If Elin were driven by raw emotion alone, she could destroy any legal divorce strategy before she or her attorney had a chance to make a plan. Elin could unwittingly condone the adultery. Or, in anger, Elin could confront Tiger and give him a heads up to get rid of the evidence – and it appears that is exactly what was going on when Tiger left that voice mail on Jaime’s phone. And finally, Elin needs to think and plan for the long term benefit of herself and her children. As angry as she has the right to be, she needs to think about what it means to her and her children if Tiger loses endorsements and decide her course of action after making a thought-out plan with a capable attorney.
If you want to take him back…Elin needs to protect herself with a marital agreement if she decides she Wants to forgive Tiger’s transgressions and give him another chance.