My husband and I officially separated on March 16. I discovered he had created an online dating profile on March 21. He states he is single on the profile and looking to see other women. I did not want the divorce and I am still slightly hoping to get back together so I believe a no fault divorce is not an option at this time. Can I file under adultery since we are legally still married?
Adultery occurs when a married person has sexual intercourse with someone who is not his or her spouse. You should not file for a divorce based on adultery unless you have a sufficient factual basis supporting your fault grounds. Adultery may be proven by circumstantial evidence, but mere suspicion is not enough, as discussed in the blawg post linked below. Post-separation adultery still counts as adultery in Virginia, as discussed in the second blawg post linked below.
You should consult with a divorce lawyer in your area to discuss your options.
The foregoing is intended to be general legal information. You should consult with a Virginia attorney to discuss all your options in light of your particular circumstances.
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