Extramarital Affair By Internet
Q: I am not a lawyer (nor do I play one on TV).. and I am not a regular reader of this group - so please e-mail me with your responses. If there are several, then I will summarize for the group. My wife has filed for a divorce (in Virginia) on the grounds of "extramarital affair by Internet." Basicall, she is saying that I have "talked dirty" to people on the Internet. Neither my lawyer nor I (I am a long time Internet surfer) have ever heard of such a thing. Can anyone tell me if there is a precedent for this?
A: Adultery and cruelty are amongst the grounds for divorce in Virginia. She has almost NO chance of converting "talking trash" into "adultery" because in VA "... nothing short of the carnal act can lay a foundation for a divorce ..." on the grounds of adultery. But on cruelty she may have a issue -- but she will need independent testimony to establish mental cruelty. There is an Illinois case in the 70's of Harriet Sherman whose husband got a divorce on the grounds of her avocation -- she worked with Sherman Skolnick going after judges and politicans. The Illinois Supreme Court tossed it out and Harriet eventually was awarded a divorce on adultery. There's a North Carolina case where a man had his wife ordered out of the house because of her cruelty to him over his being a volunteer fire fighter. She appealed and it was overturned when she was able to show his instigation.