is perception about about adultery weigh heavy in a divorce?
Question Details: my soon to be ex wife is pretty convinced that i cheated on her. she knows about my relationship as friends with the other woman, and has photos of me with this woman. these photos do not show anything more than me posing in a picture with my arm around her. but is that enough for a judge to say Ive gIven her enough reason to believe that I'm unfaithful?
No
Adultery is not a matter of perception but rather a matter of proof. Adultery occurs when a married person voluntarily engages in sexual intercourse with a person that is not his or her spouse. Virginia law requires that the proof of adultery be based upon “clear and convincing” evidence, a higher standard of proof than other grounds for divorce. Thus, to prove adultery, one must provide the Court with “clear and convincing evidence” that one’s spouse in fact had sexual intercourse with another person. Virginia law also requires “corroboration” of the adultery—i.e., evidence or testimony from some outside source (not just your own word) that your spouse committed adultery. Eyewitness testimony, though, is not required. Adultery can be proven using other evidence of the circumstances involved. Given the high standard of proof, and the corroboration requirement, adultery is notoriously difficult to prove, thus causing divorces filed on this ground to be among the most expensive in legal fees. Additionally, Virginia law provides several possible defenses to a charge of adultery. The successful establishment of any one of these defenses will bar the entry of divorce on the ground of adultery: Condonation. Condonation occurs when the innocent spouse voluntarily continues to live with the adulterous spouse after learning of the adultery. Connivance/Procurement. Connivance or Procurement occurs when the "innocent" spouse actually encourages or facilitates the adultery. Recrimination. Recrimination is proof that the accusing spouse is guilty of one of the fault grounds for divorce. For example, if the wife is accusing her husband of adultery, but the husband can prove that his wife also engaged in adultery, then the husband could use the defense of “recrimination.” Time Barred. If the divorce suit is filed more than five years after the adultery, the divorce will not be granted on the adultery ground. It's probably time for you to consult with a divorce attorney in your area.
