QUESTION

Do I have a potential claim if I signed a separation agreement with my wife then found out she had commited adultery?

Asked on Feb 27th, 2014 on Divorce - Virginia
More details to this question:
The separation agreement does not allow either of us spousal support and settles any disputes. It's been signed and notorized and after 6 months our divorce can be fast-tracked since it would be uncontested. However, she's now admitted to cheating after the fact, and I do have written proof of that. Does the fact that I've already signed the agreement prevent me from using that knowledge against her in a court of law?
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
If the agreement does not state that you waive any fault grounds for divorce, then presumably you could still file for divorce on any grounds that you have, which could include the no-fault grounds of separation for the required time period or fault-based grounds like adultery.  If the agreement says you waive any fault against each other, then that will probably be upheld, unless she deliberately defrauded you to prevent you from finding out about it.  But even if you can bring fault grounds against her, it will probably have no effect on the division of property.  The primary purpose of proving adultery against her would be to prevent her from getting spousal support, but you state that she is not getting that anyway.  As for any marital property, the agreement would most likely be upheld, since you already contracted as to how to divide your property.  Had you known previously about the adultery and taken these issues to court, the adultery would generally only affect the property division to the extent that her other relationship had a detrimental effect on the marital assets.  That is, did she spend a lot of money on her boyfriend?  Did she spend marital funds on hotel rooms, wining and dining him, buying him gifts?  That sort of thing.  If not, then it's unlikely it would have made much difference anyway. 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 Feb 27th, 2014 at 2:14 PM

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