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What Counts as Adultery in Virginia Law?

Posted by Sean Husband | Jul 16, 2025 | 0 Comments

Thinking about filing for divorce because of cheating? In Virginia, adultery is more than just heartbreak, it is a legal reason to end your marriage. 

Under Virginia law, adultery means a married person had voluntary sexual intercourse with someone who is not their spouse. That is it. Not flirting. Not emotional texting. Not staying out late. If there is no sex, there is no adultery under the law. 

To win a divorce on adultery grounds, you must prove it with clear and convincing evidence. That might look like: 

  • Hotel receipts or travel records 

  • Text messages, emails, or call logs 

  • Social media posts or photos 

  • Eyewitness accounts 

  • A confession from your spouse 

This is not easy. If you think your spouse is cheating, do not go it alone. Talk to a family law attorney who understands Virginia divorce law. Timing and strategy matter just as much as proof. 

Contact G. Best Husband Law to schedule a confidential consultation and learn your options. 

📞 Need legal advice? Call G. Best Husband Law, PLLC at 844-640-6100 today.

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