Although there is a criminal statute in the Virginia Code that makes adultery a misdemeanor, it is probably unconstitutional. It is not enforced. No cheating spouses go to jail for their infidelity in Virginia.

Is it illegal to cheat on your spouse in Virginia?

In Virginia, adultery is defined as the act of sexual intercourse by a married person with any person who is not their spouse. It is also illegal, a Class 4 misdemeanor according to Virginia Code § 18.2-365.

What is the penalty for adultery in Virginia?

Virginia classifies adultery as a Class 4 misdemeanor – the lowest-level criminal offense, with a maximum punishment of a $250 fine.

What is considered cheating in Virginia?

Adultery As a Crime Virginia adultery laws define adultery as sexual intercourse by a married person with any person who is not their spouse. It is grounds for divorce under Virginia Code § 20-91. To qualify as grounds for divorce, the affair must be physical. Mental and emotional affairs do not count.

What happens legally if you cheat on your spouse?

In many states, adultery plays a role in determining alimony or spousal support. A spouses infidelity can bar their claim for alimony that they may have otherwise been entitled to. It may also help your claim for alimony if it is the other spouse who has cheated.

Is sexting considered adultery in Virginia?

In Virginia, adultery is defined as sexual intercourse (which includes oral and anal sex) with a person other than ones spouse. It isnt hugging or kissing, or holding hands, or sexting each other. In order to prove adultery, you must provide the Court with clear and convincing evidence. That is a high bar.

What is proof of infidelity?

To prove adultery via circumstantial evidence, one must show that the adulterous spouse had both the “disposition” to commit adultery and the “opportunity” to do so. Evidence of “disposition” includes photographs of the adulterous spouse and the other man or woman kissing or engaging in other acts of affection.

What is considered abandonment in a marriage in VA?

Willful desertion or abandonment: desertion is a breaking off of the marriage cohabitation and the intent to desert is required. If one spouse leaves the marital home because the other has committed acts that amount to cruelty, then the spouse that leaves is not guilty of desertion.