My wife is accusing me of having an emotional affair after finding numerous calls to and from old girlfriend from 20 years ago.
Adultery consists of having sexual intercourse with a person other than your spouse during the marriage. While a romantic relationship outside of marriage might lead to adultery, it is not adultery without sexual intercourse. While not adultery, having or seeking romantic relationships outside of marriage would likely be found to be a desertion or abandonment of the marital relationship, with some of the same consequences in divorce, except the bar on permanent alimony or support.
The foregoing is intended to be general legal information concerning Virginia law based on the scenario as written and not legal advice to anyone in particular. The information provided should not be relied on as legal advice or as an appropriate basis for any legal action, and it's provision does not establish an attorney-client relationship with the reader. Information shared or provided on a public forum is obviously not confidential or private. Every situation is unique and you should always immediately consult with a Virginia attorney to discuss all your options in light of your particular circumstances before acting.
There is no such thing legally as "emotional adultery."
However, if you have already hired an attorney, as I presume you have, these are questions you should be asking him or her. No one here can have all the information necessary to answer your question. Your own attorney would be the most knowledgeable person in this case.
That is, after all, why you are paying your attorney. It would be inappropriate for any attorney in this forum to comment on your case any further without having all of the facts.
Set up an in-office meeting with your attorney to go over any and all questions you have about your case.
If you do not already have an attorney, you should consult with one in your area as soon as possible to go over all of your legal options.
You can use the “Find a lawyer” link at the top of the screen for the names of some attorneys near you.
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