QUESTION

My whife has cheated of with with another man my 22 year son was in the same house and knows it happened. He is my witness what charges can I bring on

Asked on Jun 20th, 2012 on Divorce - Virginia
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her and what would the penelaty be in va
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1 ANSWER

Family Law Attorney serving Tysons, VA
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If you can prove that your wife committed adultery, this gives you grounds for divorce in Virginia.  Technically, adultery is also a crime in Virginia, but it is almost never prosecuted.  You can talk to your local magistrate about filing charges, but I doubt very much that they will do it.  As you might imagine, adultery is so common as to be rampant.  You should talk to a lawyer in more detail about your rights and options in seeking a divorce, but you should know up front that even if you can prove adultery it is not going to give you some automatic windfall in the divorce, although it may prevent her from getting spousal support from you, which is often the biggest source of contention. 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.
Answered on Jun 21st, 2012 at 12:17 AM

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