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Adultry: Would it be possible to be awarded any assets? - UT, VA

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  • Adultry: Would it be possible to be awarded any assets? - UT, VA

    I have been married for only two months. At this time we are in different states. He is Utah, me in VA. He has decided that he wants a divorce. I recently found out that his exgirlfriend and him are back together (she is living with him). Is it possible to divorce him on grounds of adultry? At this time we do not have any joint assets. Would it be possible to be awarded any of his assets that he had prior to us being married?

  • #2
    re: Adultry: Would it be possible to be awarded any assets? - UT, VA

    It would seem so yes--

    No Fault:
    (1) On the application of either party if and when the husband and wife have lived separate and apart without any cohabitation and without interruption for one year. In any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, a divorce may be decreed on application if and when the husband and wife have lived separately and apart without cohabitation and without interruption for six months.

    Fault:
    (1) For adultery; or for sodomy or buggery committed outside the marriage; (2) Where either of the parties subsequent to the marriage has been convicted of a felony, sentenced to confinement for more than one year and confined for such felony subsequent to such conviction, and cohabitation has not been resumed after knowledge of such confinement (in which case no pardon granted to the party so sentenced shall restore such party to his or her conjugal rights); (3) Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year from the date of such act. (Virginia Code - Title 20 - Sections: 20-91)

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