Adultery: Clear and Convincing

In the recent domestic relations case of Davis v. Davis, the Madison County Circuit Court awarded Ms. Davis a divorce on grounds of adultery.  The standard for proving adultery in Virginia is clear and convincing evidence.  In Davis, the Court found that sexually explicit voice-mails, an overnight visit, and Viagra in Mr. Davis's vehicle amounted to sufficient evidence to allow a finding of adultery.  The Circuit Court's decisions were recently upheld by the Virginia Court of Appeals. 

Additionally, in Davis, the Court found that cashing out certificates of deposit in order to purchase real estate just prior to separation amounted to marital waste.  

The ramifications of findings of adultery or marital waste can have significant impacts on issues of spousal support and equitable distribution of the marital estate.