QUESTION

Can you get a speedy divorce if your wife admits she had an affair?

Asked on Mar 01st, 2014 on Divorce - Virginia
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1 ANSWER

Family Law Attorney serving Tysons, VA
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In theory, filing on grounds of adultery could speed up the process because you do not have to wait for a separation period before filing or finalizing the divorce.  You could file right away, but you or your lawyer would have to be very proactive in pushing it through the court and getting it set for a final hearing.  Unlike a no-fault divorce, the court is not going to put you on an expedited docket or allow you to submit written depositions in place of a final hearing.  You are going to have to go to court, even if everything is agreed to, in order to prove your ground for divorce.  And you have to have more than your spouse's admission to the adultery.  Every divorce must be corroborated by independent or third-party evidence.   Some examples of corroborating evidence that might be sufficient would be the testimony of the man she had the affair with or pictures of them in bed together - those would be best.  but short of that, you may want to try hotel, phone, and restaurant receipts, testimony of others who have seen them together and that sort of thing.  It would be up to the judge to determine whether any of this circumstantial evidence is enough to prove your case.  But with your wife's admission on top of it, it shouldn't take much.  However, back to your question about the time frame, it can take time to work your way through this litigation process and if your wife hires a lawyer to protect her interests, it is almost certainly going to be dragged out. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.     
Answered on Mar 01st, 2014 at 2:03 PM

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