No matter how many years you’ve been married, divorce can be an extremely emotional period of time for both parties. It can be even more upsetting if there are children in the picture, especially if they are young and cannot easily understand what is happening. However, a marriage that ends due to cheating can be even more difficult to deal with and can leave one partner feeling confused and angry. So how many divorces are caused by cheating, and what does the law say about divorce in such situations?
Types of Divorce in Virginia
There are two types of divorce considered in the state of Virginia:
Divorce From Bed and Board
Divorce from bed and board is a partial divorce that can apply if you think the circumstances are better in this situation. Many of the usual divorce issues can be settled in this way, but because it’s only a partial divorce, neither party can get remarried. There are criteria that need considering to qualify for this type of divorce which must include one of the following:
- Cruelty
- Desertion of the spouse either intentionally or voluntarily
- Fear of bodily harm from physical injury
- Abandonment of a spouse
It’s always a good idea to talk to your attorney before you choose this option over the more permanent type of divorce.
Divorce From The Bond of Matrimony
The second type is the divorce from the bond of matrimony which has a final outcome and demands that details such as property, child custody, and other important issues are finalized before the divorce is final. With this type of divorce, the parties can remarry after it is finalized.
Virginia permits divorce from the bond of matrimony whether there is “fault” or “no-fault”. With a no-fault divorce, there is no need to prove who did what, which can prevent a lot of unpleasant courtroom accusations.
There are certain criteria, of which at least one needs to apply if the judge is to grant a fault-based divorce:
- Adultery with a person who isn’t the spouse
- A felony conviction resulting in a prison sentence of more than one year
- Cruelty
- Abandonment
- Fear of bodily harm
If a judge grants a divorce because of adultery in the marriage, then this can have ramifications on other aspects of the divorce such as child custody. These should all be discussed with your attorney before making a final decision.
Divorce Statistics
The number of people getting married and divorced ebbs and flows throughout the year. However, there are certain parts of the US that have higher and lower rates than others. For example, Nevada has one of the highest divorce rates with 4.5 per 1000 people (14%), while Illinois has the lowest with 1.5 per 1000 (9.7%). Virginia has approximately 10%, which is one of the average rates across the US.
Adultery is one of the big factors in divorce across the US. On average, 15-20% of married couples cheat on their spouse, with most being married for 20 or 30 years and between the ages of 50 and 60. In terms of men and women, about 20% of married men report cheating while 13% of women admitted to adultery.
Although there are many marriages ending in divorce, and some of those due to cheating, there are a large number of happily married couples who spend many happy years together.