Virginia Divorces: Proving Adultery Through the Paramour

Can your paramour be made to testify about your sexual relationship at your divorce trial?

In Davis v. Davis (Case No. CL13-7696) (Norfolk), the wife’s paramour was deposed by husband’s counsel.  The paramour refused to answer questions related to his relationship with the wife.  The paramour justified his refusal by invoking his privilege against self-incrimination.  In particular, he claimed he could be prosecuted for “fornication, prostitution, or consensual sodomy.”  The husband’s counsel moved to compel the paramour’s testimony on the ground that there was no legitimate chance of incrimination. Continue reading