Select your state

Divorce

adultery

Adultery is voluntary sexual intercourse between a married person and a person who is not his or her spouse. Adultery is a leading cause of divorce, and in some states may be relevant in determining who was at fault for the breakup of the marriage, and whether the innocent spouse is entitled to an unequal division of the assets.

In West Virginia, adultery is defined as voluntary sexual intercourse between a married person and someone who is not their spouse. While adultery can be a significant factor in the breakdown of a marriage, West Virginia is a 'no-fault' divorce state, which means that a divorce can be granted without the need to prove fault, such as adultery, on the part of either spouse. However, adultery may still have an impact on certain aspects of the divorce proceedings. For instance, while it generally does not affect the division of marital property, which is typically divided equitably, it can be a factor in determining alimony if the adultery has affected the financial situation of the parties. Additionally, adultery may be considered when determining child custody if it can be shown that the adulterous behavior has had a negative impact on the children.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Divorce

adultery

Individual & Family Legal Plan

Articles

West-Virginia State Code

West-Virginia State Code

Divorce

adultery

Articles