Legal Question in Family Law in Virginia


i wish to obtain a divorce from my spouse. I have two questions. i know the name of the man she is having an affair with can that help me? also my daughter has seen the man coming out of my bedroom while i was at work. This is effecting my children as well as myself. She denies it but is always getting caught in her lies. I have been told that adultery is hard to prove in court, but i need that in there for child custody. I have never actually caught them in the act, so can anyone help.

Asked on 8/22/01, 6:51 pm

1 Answer from Attorneys

Lisa Lane McDevitt McDevitt Law Office

Re: adultery

If you are really set on using adultery (which by the way may or may not affect custody, and it is difficult to prove) then you really need to hire a private investigator. I have names of investigators for you, but keep in mind, they are not cheap. This, however, is the best way of proving it. Another option is to file the suit and then depose the boyfriend. In such a deposition the boyfriend would have to testify under oath and the penalty of perjury (and a court reporter would be present) whether or not he is having sexual relations with your wife. The advantage of the deposition is that if he admits to the affair you can submit it at trial, if he doesn't admit it and you have no other evidence to go on then you know not to pursue that as a trial strategy. The other advantage is the boyfriend may not want to bother with this mess and he may pressure your wife to either admit the adultery so that he doesn't have to be subjected to being a witness at a deposition and later at trial. There is also the added benefit that it may bring you some satisfaction to make the boyfriend aware that when he fools around with a married spouse your may get your hands dirty.

If you have any questions, give either my MD or VA office a call at 301-652-0663 or 703-968-3974. Good luck to you.

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Answered on 8/23/01, 2:10 pm

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