Legal Question in Family Law in Virginia
cohabitate
My wife and I have a property settlement agreement that she and I did together and had a notary sign it. One of the clauses in it say she will not cohabitate with man or women in the house until we are divorced or she refinances house into just her name. I moved out of house, she has our kids living there (2) Just found out from my kids that her boyfriend and his 3 kids spent 3 nights there in the house. I don't think it is first time. We have only been seperted since dec.3 2003. Is there any action I can take?
2 Answers from Attorneys
Re: cohabitate
Yes, if you have credible proof that your wife has committed adultery, you may immediately file for divorce on this fault ground, rather than wait for a year from the date of your separation to file on no fault grounds.
However, the fact that you've received a hearsay allegation that your wife's boyfriend and his three children "spent three nights there in the house" is unlikely, in and of itself, without more, to constitute sufficient proof
of the adultery.
Re: cohabitate
The way you have posed the question suggests that you are concerned with the breach of contract aspect. It is not possible to address this without knowing more about the Agreement in order to determine whether this is to deemed a MATERIAL BREACH, i.e., a pillar upon which the contract rests. In addition, we do not know whether this Agreement specifies a remedy for this particular breach.
You have not indicated a concern with CUSTODY. There may be a custody issue here if you desire, but the outcome of that would be a gamble and the outcome would depend on all relevant circumstances.
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