When you found out that your spouse was cheating, you were furious. You were upset that they weren’t honest with you and that they didn’t seem to care that they broke your trust.
Immediately, you felt like you wanted to get divorced, but you know that your spouse’s adultery could be made public. Your biggest concern is privacy with this delicate issue, but you do want to make sure you walk away with what you need. Does proving adultery impact your case? If so, is it beneficial to bring it up in court?
If your spouse cheats, it could help your case
The first thing to know is that a case of adultery isn’t necessary to get a divorce. You can divorce for any reason in Virginia. As a result, the adultery itself doesn’t have to be reported to start your case.
In terms of the way your case will be handled, adultery may not have much impact in court. However, it can skew things in your favor if it shows that your spouse was spending money on a mistress, for instance, or if they were hiding assets. Then, you may be able to seek those assets back for yourself.
Outside court, you and your attorney may be able to negotiate with leverage thanks to your spouse’s guilt and mistakes. You may be able to negotiate a greater amount of spousal support or get your spouse to settle more easily to avoid having their secrets released in a public court hearing.
Your attorney can go over the benefits and downsides to bringing the adultery to light in your case. Each case is different, but if it could be beneficial, they will help you use it to your advantage.
