Q: Can I filed for divorce in the State of VIrginia on the grounds of adultery if I am the offender?
My wife wants me to file the divorce. She wants the divorce but she doesn't want to file it herself. I need to include that we don't live together. We are living separate from one another. I realize that I have to wait six months or one year to file any other way but that the waiting period can be voided and made effective immediately depending on the grounds. I only want to know if I can file with the grounds of adultery if I am the offender.
A:
No.
Va. Code § 20-94. Effect of cohabitation after knowledge of adultery, sodomy or buggery; lapse of five years.
When the suit is for divorce for adultery, sodomy, or buggery, the divorce shall not be granted, if it appear that the parties voluntarily cohabited after the knowledge of the fact of adultery, sodomy or buggery, or that it occurred more than five years before the institution of the suit, or that it was committed by the procurement or connivance of the party alleging such act.
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