Infidelity ends a lot of marriages, and clients arrive in our Roanoke and Salem offices assuming it will dominate the divorce. Virginia does treat adultery seriously – more so than many states – but its real-world legal effects are narrower and more specific than most people expect. Here is the clear-eyed version.
Adultery as a Ground for Divorce
Adultery is a fault ground under Virginia law, and unlike the no-fault ground it requires no waiting period. But the proof standard is the highest in civil law: clear and convincing evidence, with corroboration – hotel records, messages, investigator testimony. Suspicion is not proof, and the accused spouse can invoke the Fifth Amendment because adultery remains a misdemeanor in Virginia.
The Biggest Consequence: Spousal Support
Here is where adultery bites hardest. A spouse who committed adultery is generally barred from receiving spousal support in Virginia, unless the court finds denial would be a manifest injustice based on the parties’ relative degrees of fault and economic disparity. For a dependent spouse, that bar can be worth far more than any other issue in the case – which is why adultery allegations are fought so hard when support is on the table.
What Adultery Does Not Do
- It does not create an automatic windfall in property division – fault is one factor among many, and courts weigh economic dissipation (marital money spent on the affair) more than the betrayal itself.
- It rarely changes custody unless the conduct affected the children – judges care about parenting, not punishing.
- It does not speed up the emotional process; fault litigation is public, expensive, and hard on families.
Strategy: Leverage, Not Vengeance
Often the wisest use of adultery evidence is quiet leverage toward a favorable settlement rather than a public trial. And if you are the spouse who strayed: do not sign anything before understanding the support bar, and stop using joint funds in ways that create a dissipation claim. Either way, this is a conversation to have with counsel early.
Talk to a Divorce Lawyer in Roanoke or Salem, VA
Advocate Law, PLLC helps clients throughout Roanoke, Salem, and the surrounding valley with divorce, custody, and family law matters. Call (540) 343-9800 or contact us online to schedule a consultation.