Adultery is often committed in secret or without the innocent spouse’s knowledge. Some states, including Florida, for example, consider adultery to be a “No Harm – No Foul,” concept and grant a divorce based on one party’s desire to end the marriage. Virginia, on the other hand, is a fault-based state, which considers statutorily prescribed fault in dividing marital estates, awarding spousal support and in granting divorces. The trial courts in Virginia must consider Virginia Code Section 20-107.3 and the 11 factors contained in sub-section E when deciding how to equitably divide the marital assets.
Three of those factors are:
- Factor 1. The contributions, monetary and nonmonetary, of each party to the well-being of the family;
- Factor 5. The circumstances and factors which contributed to the dissolution of the marriage, specifically including any ground for divorce under the provisions of subdivisions (1), (3) or (6) of § 20-91 or § 20-95;