Bracey, VA asked in Divorce for Virginia

Q: If a married man(separated since 10/13)stays at a females house(other than wife)is he considered as committing adultery?

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1 Lawyer Answer
Jonathan P. McHugh
Jonathan P. McHugh
Answered
  • Arlington, VA
  • Licensed in Virginia

A: There is no clear answer based on just that scenario. In order to prove adultery, one must show that a person has had sexual intercourse with another person who is not his or her spouse. The burden is very high, as the evidence must be clear and convincing. Each case is very fact specific, as it is possible to prove adultery through circumstantial evidence. Just the fact that this married man stayed at a female's house, with no other evidence provided, would probably fall short of the high burden one must meet. However, if there were more information, such as a pattern of this behavior, that would make a case potentially stronger.

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