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AttorneyTom, Lawyer
Category: Family Law
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If my husband is living with another woman but we are not legally

Resolved Question:

If my husband is living with another woman but we are not legally separated do I have any rights. Are there any rights in Virginia for emotional infidelity?
Submitted: 7 years ago.
Category: Family Law
Expert:  AttorneyTom replied 7 years ago.

Thank you for your question. I'm sorry to hear about your situation. A friend of mine recently went through something similar. It's disappointing how little justice there can be for a spouse on whom another spouse has cheated.

What follows may or may not be what you want to read. However, please do not shoot the messenger. While I can control the quality of an answer, my control over the the content of an answer is restrained by the truth.

Unfortunately, it appears that Virginia does not recognize the tort of alienation of affection. Virginia
Family Code, Chapter 1.107. To my knowledge, the following states still recognize alienation of affection claims: Hawaii, Illinois, North Carolina, New Hampshire, Mississippi, New Mexico, South Dakota, and Utah.

However, if he has abandoned the marital home, that might assist you in seeking to keep the marital home in a divorce. It might also assist you in seeking child custody, if children are involved and are living with you.

I know this isn't what you want to read. However, it is the unfortunate truth that Virginia does not recognize alienation of affection any longer.

For any divorce proceeding, you'll want to retain a local attorney to protect your interests.

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