Fairfax, VA asked in Divorce and Family Law for Virginia

Q: If I give consent for my wife to sleep with another man, do I give up grounds for an at-fault divorce?

My wife has fallen in love with a man with whom she works. I am having a hard time accepting this, and I’m interested in finding out what the legal ramifications are for (a) divorce, or (b) if I give consent to her relationship as an appeasement gesture.

I am currently on leave from my job in New Mexico. We moved to Virginia 8 months ago so that she could pursue a change-of-station appointment in DC with the DOE. I have been a stay-at-home parent to our two children, ages 1 and 3 during that time. I have been actively looking for work since February.

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1 Lawyer Answer
Steve Miyares
Steve Miyares
Answered
  • Norfolk, VA
  • Licensed in Virginia

A: If you have consented to her sleeping with another man, then you would no longer have grounds for a fault based divorce on the grounds of adultery.

You should consult privately with a divorce attorney to fully discuss your options and the legal ramifications of the various courses of action available to you.

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