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How fast can I get a divorce from my husband on grounds of adultery?

Norfolk, VA |
Filed under: Divorce Adultery

I want a quick divorce from my husband. I have proof (court records) that he was arrested for the solicitation of a prostitute & using his personal vehicle for the purpose. I found out a year after the arrest date. We have been seperated since then (3 years). We have 3 children and both reside in Norfolk. I am able to provide witnesses that we have not resided together during this time. He was also physically abusive and have proof of protective order (expired now) as well as child support order established from DCSE. I want this fast and over!

Attorney Answers 3

  1. Adultery is a fault based divorce and requires proof by clear and convincing evidence in Virginia. Some Courts require quite a bit of evidence to prove adultery, sometimes in flagrante delicto evidence, sometimes you may prove your case by having a private investigator note the entry of the adultering spouse, the person with whom they committed adultery, and then sit there all night and noting the egress of both parties. Of course, pictures help too of the ingress and egress.

    The Court would need to hold a trial to determine adultery unless the other person defaults for an entry of a decree pro confesso, since divorce is in equity. Even if a decree pro confesso, divorce requires corroboration for fault grounds or no-fault grounds, so you would need someone to corroborate the testimony and/or your testimony or other corroboration.

    So you can file pretty quickly but must await a trial, most likely. Local counsel will know the current docket. From what I know, Norfolk Circuit Court has become a docket where many seek a divorce. You may face some congestion on the docket.

    Please consult local counsel who will likely have more detailed knowledge of dockets and evidence that the Court may have considered persuasive in past cases.

    I provide this information in general terms for information purposes only and as a courtesy. Neither I nor my firm are your lawyers until you sign a legal retainer agreement and pay us an advanced legal fee.

  2. All of the evidence of him doing bad things, if you want to use the evidence in court, would probably actually make the case take longer and be more expensive, although sometimes it can be worth it if there is going to be a trial, because it can affect the outcome in your favor on questions of property and alimony (sometimes affected by adultery and other behavior) and custody (affected by domestic violence). But if there is no fight over custody, property or support, then it's usually faster to use no-fault grounds of divorce (i.e., the fact that you have lived apart for more than a year).

  3. It will be considerably faster for you to get a divorce on the no-fault basis of having lived separate and apart for a period in excess of one year than to have to go to trial or commissioner's hearing to prove fault-based divorce grounds. Furthermore, unless and to the extent that you can prove specific economic losses directly related to the adultery (money on hotel rooms, etc.), the fact of having proved adultery will not benefit you much financially in the divorce case.

    The fasted way to get a divorce in any county in Virginia is to consult with a divorce attorney, have the attorney prepare a comprehensive and complete property settlement agreement to submit to your spouse (and their attorney) for consideration, and then proceed with an uncontested divorce by deposition once the settlement agreement is signed by both parties, etc.

    This response does not create an attorney-client relationship and is intended for general information purposes only.

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