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An extramarital affair by either spouse can affect several aspects of a divorce case. One aspect that truly concerns separating parents is the custody of their .
If your spouse has cheated on you during your marriage, you may be expecting the court to favor you for child custody, since the court may already favor you in other matters such as alimony. Meanwhile, for the parent involved in the affair, the possibility of losing custody of the child may be worrying. The short answer is no. However, it may have indirect repercussions in the custody case.
Under Virginia law, adultery is one of the valid grounds for divorce. However, it can be very difficult to legally prove an affair as a case of adultery. Proving this in court is an additional hurdle to surpass if adultery is to be the grounds for divorce in the first place.
If adultery is proven in court, it is considered a criminal offense. This is not the case. Whether or not a parent has been proven as an adulterer, he or she could still fight for custody and other parental rights, all other factors being equal. Even though adultery is not technically a factor in child custody determination, it could still be used to build a case against the unfaithful spouse seeking parental rights.
How much could these questions affect the custody case? It depends on how well each party argues its side, as well as on the evidence they present.
It is definitely wise to have a skilled lawyer represent you or at least guide you through your case. You can start by talking to us at Holcomb Law today. Tap To Call Us. Is It Proven As Adultery? Infidelity As A Leverage In A Custody Case Even though adultery is not technically a factor in child custody determination, it could still be used to build a case against the unfaithful spouse seeking parental rights.Eastville VA cheating wives
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