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

Virginia Spousal Support and Adultery: A Manifestly Unjust Application of the Manifest Injustice Exception

When can an adulterer receive spousal support in Virginia?

Va. Code § 20-107.1 states:

“ . . . [N]o permanent maintenance and support shall be awarded from a spouse if there exists in such spouse’s favor a ground of divorce under the provisions of subdivision (1) of § 20-91. However, the court may make such an award notwithstanding the existence of such ground if the court determines from clear and convincing evidence, that a denial of support and maintenance would constitute a manifest injustice, based upon the respective degrees of fault during the marriage and the relative economic circumstances of the parties.” Continue reading