Adultery
If you are in a situation involving adultery, let SMITH | ASHCRAFT help you take the first step towards your better future. Click "Get Started" or fill out our quick form below and our team will reach out to you to discuss your options and how we can tailor a strategy specific to your situation. Your fresh start, starts now!
Adultery
Adultery is the height of betrayal and can have serious consequences for your divorce case. Not only can it be used as a reason for the divorce, it can also have significant impacts on the division of property and debts and spousal support.
Adultery has a higher burden of proof than other aspects of your divorce. This needs to be proven by clear and convincing evidence. This often requires text messages, admission, private investigators, or eye/ear witnesses of the adultery. It can be proven, but the high level of proof required can be costly.
When it comes to dividing your property and debts, adultery is specifically a factor that the Court is required to consider. See Virginia Code - 20-107.3. The courts in central Virginia are more likely to award the innocent spouse more of the marital estate if the cheating spouse used marital money to carry on the affair.
A cheating spouse may be cut off from receiving any spousal support. See Virginia Code - 20-107.1.
While forgiveness is a virtue, be aware that the way you respond to an unfaithful spouse can have significant legal consequences. If you learn that your spouse had an affair and you choose to have sexual relations with your spouse after learning about the affair, you will no longer have adultery grounds for divorce. This is called condonation.
Smith | Ashcraft recognizes the emotional and legal consequences that adultery can have on individuals. We have the insight and temperament to compassionately guide you through this particularly difficult situation.
Everything You Need to Understand to
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Grounds for Divorce
In Virginia, grounds for divorce or separation can be categorized into two main types: fault and no-fault grounds.
Learn more about what type of divorce would best represent your situation.
Separation
In Virginia, there is no “legal separation” like other states have. When we talk about separation, we are talking about when one spouse intended to no longer be married. Learn more about the important points you should consider in a seperation.
Property Division
One of the most complicated issues in divorce is the division of property. This includes the division of debt as well. Lawyers and judges call this equitable distribution. This means that property and debts are not necessarily divided equally. Rather, it will be done “equitably.” Learn more about how your property and assets may be divided in a divorce.
Spousal Support
Because divorce creates two households, each with its own set of expenses, there is often a need for one spouse to receive spousal support, sometimes called alimony. The primary reason for a court to award spousal support is to help ensure that both parties continue to live a similar standard of living to the standard they enjoyed during the marriage. Learn more about the factors that contribute to determining spousal support and how this may impact your case.
Military Divorce
First of all, thank you to our military servicemembers and their families for the many sacrifices your service includes.
Military service comes with additional, special considerations in a divorce matter. There are federal statutes and rules that take priority over the normal state laws governing divorce.
Learn more about the special considerations taken when it comes to a military divorce.
Name Change
An adult may legally change his or her name in Virginia. This can be done as part of a divorce or in a separate filing.
Learn more about name changes and how we can help you in this process.
Prenuptial and Postnuptial Agreements
Prenuptial and postnuptial agreements directly impact your rights and obligations in the event of a divorce. Learn more about the complexity of these agreements and how they impact your case.
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At SMITH | ASHCRAFT, we are proud to offer comprehensive legal services throughout Virginia. Whether you’re in Richmond, Northern Virginia, the far reaches of Roanoke, or any other part of the state, our experienced team is here to provide experienced representation tailored to your unique needs. No matter where you are in Virginia, we’re committed to delivering the same high level of service and dedication to each client, ensuring your case receives the attention it deserves.

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