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Is confessed adultery grounds for immediate divorce?

Winchester, VA |

My adult child discovered I was having an affair. I am planning on asking my wife for a divorce. Will the divorce be immediate because of the adultery? How will the admission of adultery impact me in a financial settlement?

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Attorney answers 1


Adultery grounds for divorce may be used to get an immediate divorce. Of course, 'immediate' is relative since you could spend substantial time on discovery and preparing the case for equitable distribution before you actually have a final divorce hearing. This process is highly dependent on the nature and extent of the assets and liabilities.

Adultery usually does not always have a huge impact on equitable distribution decisions by the court unless it can be shown that the adultery negatively impacted the value of marital assets. For instance, if a person expends marital assets to purchase gifts or pay for travel with their paramour then the court is likely to take these expenditures into consideration when dividing the marital assets or apportioning the marital debts.

Of course, this is a general rule of thumb and the facts of the case as well as the judge's demeanor can make a big difference. You should consult with an experienced divorce attorney in your area before taking any action or entering into any settlements.

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