A recent article published for Virginia discusses whether you can date while separated in Virginia. However, it is important to be aware of the potential consequences of doing so. Dating while separated may result in negative consequences for the dating spouse, including being barred from receiving spousal support, having less marital property awarded to them, and negatively affecting their chances of receiving primary custody of their children. If you are considering dating while separated, it is important to consult with an attorney to discuss your specific situation.
In Virginia, adultery is considered a ground for divorce. Virginia is one of several states that still recognize adultery as a fault-based ground for divorce, along with cruelty, desertion, and other grounds. To obtain a divorce on the basis of adultery, one spouse must prove that the other engaged in sexual relations with someone outside the marriage, and that this behavior was the cause of the marriage’s breakdown. Adultery can have significant implications in divorce proceedings, potentially affecting issues such as alimony and property division. It’s important to consult with an attorney to understand how Virginia’s specific laws on adultery may apply to your individual case.
Getting Legal Help For Your Divorce
Securing legal representation in a divorce case, particularly when adultery is involved, is crucial for several compelling reasons:
- Legal Expertise: Divorce laws can be complex, and having a knowledgeable divorce attorney can help you navigate the intricate legal processes effectively. They understand the intricacies of Virginia’s specific laws regarding adultery and how they may affect your case.
- Gathering Evidence: As your lawyer, like a Fairfax, VA divorce lawyer knows, proving adultery in a divorce case often requires substantial evidence. An experienced attorney can help you gather and present evidence like phone records, messages, and witness testimonies to strengthen your case.
- Protecting Your Rights: An attorney will advocate for your rights and interests throughout the divorce proceedings. They can help ensure that you receive a fair settlement, including matters related to alimony, property division, and child custody if applicable.
- Negotiation Skills: Experienced divorce attorneys are skilled negotiators who can engage with your spouse’s legal counsel to reach a favorable settlement. They can work to minimize conflict and encourage a more amicable resolution, which can be particularly important if there are children involved.
- Minimizing Mistakes: DIY divorces often lead to costly mistakes, especially in cases involving adultery. Having an attorney can help you avoid common pitfalls and ensure your rights are protected.
- Legal Strategy: Your lawyer will develop a strategic plan tailored to your unique circumstances, aiming for the best possible outcome in light of the adultery allegations.
- Court Representation: If your divorce case goes to court, your attorney will represent you effectively, presenting your case professionally and persuasively before a judge.
In divorce cases where adultery is a factor, hiring a lawyer can make a significant difference in the outcome. Their legal expertise, support, and advocacy can help you navigate the complexities of the legal system, protect your rights, and ultimately secure a fair and equitable resolution to your divorce. When you need help, look to lawyers you can trust, like those at May Law, LLP, when you need help with your divorce.