What is required to prove adultery in a divorce case?

Written by our divorce lawyers in Virginia Beach

Many divorces occur because one spouse believes the other has committed adultery. However, proving adultery in a divorce case can be problematic.

For more than a decade our divorce lawyers in Virginia Beach have helped individuals with divorce cases involving adultery throughout Hampton Roads, including Chesapeake, Norfolk, and Portsmouth.

The difficulty begins in the courts, which have long held that adultery must be proven by “clear and convincing evidence.” Therefore, simply showing strongly suspicious circumstances is not enough. While it does not have to be proven beyond all doubt, adultery cannot be proven upon speculation or suspicion.

In one particular case from the Court of Appeals (Noce. v. Noce, 2006), the husband contracted genital herpes from his wife. When the husband confronted her about his disease, she replied that “he didn’t know he had it.” The husband claimed that his wife was referring to a man with whom she was having an affair. The court said “everybody knows what is going on” but did not find that the wife committed adultery. A divorce was instead granted on the grounds of one year of separation.

Again, to prove adultery in your divorce case you must do so by clear and convincing evidence. To determine whether your adultery evidence is “clear and convincing”, we recommend that you consult with one of our experienced divorce lawyers in Virginia Beach.

At Klein, Rowell & Shall, our divorce lawyers have successfully litigated the adultery issue in Virginia Beach, Chesapeake, Portsmouth, Norfolk, and the other courts in Hampton Roads.

If you are searching for experienced divorce lawyers with proven results, please call us at (757) 432-2500 or use our online form below.

Divorce lawyers in Virginia Beach serving Chesapeake, Norfolk, Portsmouth, and all of Hampton Roads.

Klein, Rowell & Shall, PLLC is a litigation-focused law firm in Virginia Beach serving Hampton Roads


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