Many spouses believe that proving a partner cheated or left will automatically win their case. While Virginia law provides clear benefits for fault-based divorces, the process requires significant time and money. Pursuing these claims involves starting a long court fight that carries both risks and rewards. Proving fault allows a spouse to file for divorce immediately and can potentially block alimony. Still, strict evidence rules make this a difficult path.
Bypassing the required wait time
A standard contested divorce in Virginia requires a one-year physical separation before a spouse can file. Filing on fault grounds allows a person to skip this mandatory waiting period.
State law names four main fault grounds:
- Adultery
- Cruelty
- Desertion
- Felony conviction resulting in confinement for more than one year
Claiming one of these grounds lets the wronged spouse file papers right away without waiting out the full year. While filing can happen immediately for any of these grounds, only adultery and felony convictions allow a spouse to completely skip the one-year waiting period for finalizing the divorce. Cruelty and desertion still require a one-year separation before the court can grant the final decree.
Blocking spousal support payments
The main benefit of proving adultery involves its impact on alimony payments. State law says a finding of adultery creates a legal bar that stops the cheating spouse from receiving spousal support. The court will deny alimony to the at-fault party in almost all cases, as mandated by state law.
A judge can only set aside this bar if denying support would create a “manifest injustice.” The judge looks at the respective degrees of fault and the economic circumstances of both parties to make this determination. Getting this financial protection takes solid proof, which creates a significant legal hurdle.
Meeting a strict evidence standard
Virginia courts do not accept mere guesses or rumors as proof of cheating. Proving adultery requires clear and convincing evidence. This standard is much higher than the burden of proof in most civil cases. A spouse cannot rely on a strong feeling or suspicion alone. Meeting this rule usually forces a spouse to gather hard proof of the misconduct.
Building a strong case often involves specific steps:
- Professional surveillance: Hiring private investigators to track the cheating spouse’s movements and meetings
- Financial tracking: Finding credit card receipts for hotel rooms, gifts or travel
- Digital records: Pulling text messages, emails or call logs that prove the physical relationship
Gathering this level of proof takes a lot of time and often drains personal funds.
The reality of the litigation cost
Fault-based divorces cost much more than standard no-fault options. Spouses often weigh the cost of private investigators and long court battles against the potential financial impact of blocking spousal support.
For some people, protecting their long-term income justifies the expense of the fight. Escaping an abusive home also makes the immediate filing worth the effort. For others, waiting out the separation period for a standard divorce is a better path. It offers a cleaner and less costly end to the marriage.