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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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Ive been married for nearly 11 years. I have told my wife

Customer Question

I've been married for nearly 11 years. I have told my wife that I want a divorce. We have two children together. We currently reside in the state of Virginia and were married there. We require one year of separation based off the current laws for a no fault divorce.

While my marriage had deteriorated, I had an affair, which she is not aware of. If I were to admit to an affair, our divorce would be at an fault divorce. I would like to know what are the legal ramifications of this. Currently we are focused on doing what is best for our children in terms of child support. She would not seek alimony, but if I were to admit to an affair, would a court/judge make their own determination as to alimony or extra support?

She's agreed to us divorcing; however, I am considering coming out and giving full disclosure. First I want to know what I should expect from a legal stand point. Any and all guidance would be greatly appreciated.
Submitted: 3 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 3 years ago.

Thank you for your question. Please permit me to assist you with your concerns..

Admitting an affair does not necessarily make your divorce 'at fault'--you and your spouse may still choose to treat this as 'no fault' by not bringing this up in your petition. There are many good reasons for that--at fault claims are generally longer to process, are more expensive in both time and resources, require a longer process of hearings, and may even require an attorney, something that you can generally forgo if you are seeking a simply no-fault process. As for alimony, generally that is still at the wish of the spouses--no judge would compel alimony or spousal support, not even in a 'for cause' divorce since that would still be at the spouse's petition request. It would, however, make the courts far more likely to be lenient toward your spouse if she ever changes her mind (something she can also choose to do prior to divorce being finalized) and in seeking alimony.

Good luck.