Under Virginia law, cheating on a spouse is illegal. In Virginia, any married person who voluntarily has sexual intercourse with a person who is not his or her spouse is guilty of adultery, which is punishable as a Class 4 misdemeanor. The maximum criminal penalty for adultery is a $250 fine, but the ramifications in a divorce action may be much more severe. Adultery can be used as a fault ground to obtain a divorce, may be a bar to spousal support and can be considered regarding child custody and equitable distribution of marital property.
Even so, what happens when a cheating spouse invokes his or her Fifth Amendment privilege against self-incrimination? In Virginia, a party can exercise his or her constitutional privilege against self-incrimination in both criminal and civil actions. Depending on the circumstances of the case, a cheating spouse’s … Read More »