Couples divorcing in Virginia may divorce for fault-based reasons or no-fault reasons.No-fault divorce grounds are for irreconcilable reasons without intent to remain married.
These factors can be used as circumstantial evidence with other proof, such as an all-night stay at the lover's house.
Proving the ex-spouse committed adultery becomes difficult once the spouse is no longer living in the marital house.
This is especially true if the dating spouse begins cohabitating with their new partner during the divorce process.
Some states have laws stating that a spouse cohabitating with a parter of the opposite sex is presumed to have a decreased need for spousal support.
Adultery does not typically affect these decisions unless the other spouse is able to prove the adultery has detrimentally impacted the child's well-being.