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Is confessed adultery grounds for immediate divorce?

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Is confessed adultery grounds for immediate divorce?

My adult child discovered I was having an affair. I am planning on asking my wife for a divorce. Will the divorce be immediate because of the adultery? How will the admission of adultery impact me in a financial settlement?

Asked on May 11, 2012 under Family Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I would consult with an attorney in your area.  It is my understanding that Virginia takes the situation seriously.  What I think you are referring to in the "immediate" divorce is that the statutory waiting period to file once you are separated is done away with.  So with the accusation of adultery comes the right to file immediately. The acts of the aprties that may have caused the marriage to fall apart can be considered in the distribution of marital assets from what I understand.  So I would speak with a lawyer soon. 


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