While “sodomy” itself is not defined in the Code of Virgina, the crime of forcible sodomy is, which includes aggravating circumstances resulting from the age of the victim or the force used to overcome the victim’s will, or forcibly causing another to commit sodomy. Virginia Code §20-91(A)(9)(a) expressly provides that such recrimination does not, however, bar the spouses from obtaining a no fault divorce after the required waiting period.
Emotional outpourings are not sufficient to prove adultery.The best advice that you would get from your Raleigh divorce lawyer is simple—don’t do it.Dating can have both personal and legal consequences that can be harmful to your divorce action.A whole subset of risk arises when child custody is an issue. A parent’s immoral behavior is not one of these criteria; however, it can be of some relevance in a custody case. Dating often leads to accusations of adultery, and sometimes dating leads to actual adultery.“A parent’s morality, while a proper factor for consideration, is limited in its force to what relevancy it has, either directly or indirectly, to the welfare of the child.” , 343 S. Post-separation adultery can be a major factor in alimony and a small factor in property division. Code § 20-3-130(A), “No alimony may be awarded a spouse who commits adultery before the earliest of these two events: (1) the formal signing of a written property or marital settlement agreement or (2) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties.” Post-separation dating by a supported spouse often leads to an adultery claim being made by the supporting spouse, who wants to be free of the potential alimony claim.