Did you know that Belgium has the highest divorce rate in the world, standing at a whopping 71 percent? Not too far behind, the United States of America finds itself in tenth place with a divorce rate of 53 percent.
Marriage can be a beautiful thing when it involves two dedicated, committed people in love. However, things can get equally ugly when questions of infidelity, lack of effort, and loss of love come into play. You might even wonder if it’s time to divorce your wife.
If you’ve spent your time with someone who hasn’t reciprocated your love or has been unfaithful to you, this might be the right course of action. However, the process may differ from one case to another depending on circumstances.
This article explores the key elements of getting a quick Virginia divorce, with an emphasis on the legal stance on divorcing your wife when she is pregnant with someone else’s child.
Let’s start off by looking at the process for filing for divorce.
How to File for Divorce in Virginia
To file for divorce in Virginia, you or your spouse must have been been a legal resident in the state for at least six months. Additionally, if you and your spouse have minor children. you must prove that you have lived separately for a minimum of one year without sexual relations. If you don’t have children of your own, separation for a period of six months is enough, provided that you and your spouse sign a separation agreement before filing the divorce.
Once you’ve fulfilled the above criteria, you may approach your local courthouse and file divorce forms. After you file the divorce action, your spouse must receive receive copies of these papers so that they are notified of the process.
Valid Grounds for Divorce
In the event that yours is not an uncontested divorce, you must establish one of the accepted grounds for divorce. These are generally fault-based reasons. However, you may also file a no-fault divorce based on separation.
Some of the valid fault-based grounds for divorce include:
- Adultery – extramarital sexual relations
- Felony – where the spouse is convicted for a felony post-marriage and sentenced to a minimum of one year’s imprisonment
- Cruelty – conduct that inflicts bodily harm or the fear of bodily harm
- Desertion – wilful abandonment that extends to a year or more
Generally, an uncontested divorce is simpler and quicker, but with the right Virginia divorce lawyer, you can get a fast divorce even in more complicated cases. In Virginia, you usually have a financial or legal benefit to getting a fault divorce. For example, in the event of adultery, the court can prevent your spouse from receiving alimony.
This leads us to our next concern. How do you prove adultery?
Adultery, as defined by Virginia’s divorce laws, is sexual intercourse by a married person with another person who isn’t their spouse. Additionally, do note that emotional cheating does not qualify as adultery.
To establish adultery, you also require clear and convincing evidence. However, you can use circumstantial evidence in the form of emails, text messages, or other types of direct messaging to prove that physical intercourse occurred.
Your spouse also has the right against self-incrimination which means that any confessions made to you are invalid in court. A third party’s testimony may be used as evidence, provided that their information of physical intercourse did not come solely from the spouse’s confession to them. This means they should have independently acquired such information for it to serve as evidence for adultery.
Your spouse may present various defenses that include your knowledge and condonation of adultery, proof of adultery on your part as well, proof that such adultery occurred more than five years ago.
Proving That Your Wife Is Pregnant With Someone Else’s Child
If you have enough reason to suspect that your wife is pregnant with a child who isn’t yours, an attorney can help you establish your grounds for adultery.
When it comes to proving this, you have a few options:
- You have a paternity test with an accuracy of at least 98 percent
- Proof of cohabitation, adultery, and enough circumstantial evidence to support your claim
If the child is yours, the same can be confirmed through a paternity test or your own confession.
How Does Adultery Impact Your Divorce?
If you divorce your wife on the grounds of adultery, the same will be mentioned in the final divorce order. The court cannot impose permanent alimony on you, in the event of adultery.
If you divorce your wife on the grounds of adultery, the same will be mentioned in the final divorce order. The court will usually not impose permanent alimony in the event of a finding of adultery.
Generally, adultery will not impact the court’s order on child custody and support. Instead, the court will consider the child’s best interest while determining any such ruling. However, if your wife is pregnant with someone else’s child, the court may not impose child support depending on the circumstances and whether you are able to establish that you are not the father.
Divorce Your Wife: Find a Qualified Virginia Divorce Attorney Today
You want to divorce your wife, you know that she has been unfaithful, but you’re not sure how to prove it. You realize that it can be a messy, tedious affair. Well, don’t worry, we’re here to help.
Get in touch with our qualified lawyers at the Law Office of Michael Ephraim to get a personalized assessment of your case. Our attorneys will help you identify your next course of action and guide you through the entire divorce process to ensure that you get the quickest and best possible outcome.