Signs a Spouse Is Cheating and How It Impacts Divorce in Virginia

Infidelity remains one of the most painful and personal reasons couples in Virginia file for divorce. If you suspect your spouse is cheating, knowing the signs of an affair and understanding how adultery affects divorce under Virginia law can help you make informed decisions moving forward.
Our experienced Virginia divorce attorney provides trusted, professional legal service in these cases. Find out the red flags to watch for and how proving infidelity could impact your case.
Common Signs of Infidelity That Can Lead To A Divorce In Virginia
According to Marriage.com, as many as 25 percent of all marriages are impacted by infidelity. When it comes to a spouse’s affair, it is not unusual to sense something is off long before you have solid proof.
While not all suspicious activity or change in behavior points to cheating, patterns can be revealing. Some of the most common signs your spouse may be engaged in adultery include:
- Suddenly guarding their phone or changing passwords;
- Working late or traveling more often than usual;
- Becoming emotionally distant or irritable at home;
- Showing a sudden interest in their appearance;
- Unexplained credit card charges or missing money;
- Lack of intimacy or interest in shared routines.
If you believe your spouse is being unfaithful, get professional legal help before taking any action that could affect your rights in a Virginia divorce.
Three Ways Adultery Impacts Virginia Divorce Proceedings
Under the Virginia Code, adultery is grounds for a fault-based divorce. If you have evidence that your spouse cheated, it can impact multiple aspects of Virginia divorce proceedings:
- Spousal support: If you are found guilty of adultery, you may be barred from receiving alimony. On the other hand, if your spouse cheated, it could factor into a larger alimony award.
- Property division: While Virginia follows equitable distribution rules, evidence that a spouse used marital assets to support an affair (such as hotel stays or gifts) can entitle you to a greater portion in any settlements.
- Child custody and visitation: Adultery alone doesn’t automatically affect child custody in Virginia. However, if the affair exposed the children to unsafe conditions or poor judgment, it could weigh into the court’s “best interest of the child” analysis.
To prove adultery in court, you must present “clear and convincing” evidence. This could include text messages, emails, financial records, or testimony from a private investigator.
Get Trusted Legal Help From Our Experienced Virginia Divorce Attorney
If you suspect your spouse is cheating, it is important to be aware of how it could impact your rights in Virginia divorce proceedings. At Schwartz Kalina, PLLC, we provide the caring, trusted legal service you need to protect your rights during this difficult time.
We have experience and skill representing clients in even the most complex cases and fight to get the maximum amount you are entitled to in a divorce settlement. To request a confidential consultation, give our Virginia divorce attorney a call or contact us online today.
Sources:
marriage.com/advice/infidelity/how-common-is-cheating/
law.lis.virginia.gov/vacode/title20/chapter6/section20-91/