Adultery - Cheating Spouse Investigations

In the State Of Virginia, Adultery is a Misdemeanor. In order to prove Adultery in a Court of Law, there are two "elements" that must be met to satisfy the Court.

The first of these two elements is "affection". This would be affection that is beyond two friends or family members saying hello or goodbye, obvious affectionate acts such as kissing, hugging, hand holding etc. The conclusion that this is affection between the indivduals that is beyond friends or family would be what any "reasonable" person would deem as true affection that is part of a relationship beyond being friends or family.


The second element is "opportunity" meaning the opportunity to act on that affection. This is generally the most costly part of an Investigation because often times there has to be a larger amount of surveillance time to document the opportunity. This generally entails showing the individuals involved in the relationship are together, alone for an extended period of time in a residence, hotel etc. The length of time alone together can vary but again it comes down to what any "reasonable" person would feel is really going on during this time. Any reasonable person knowing about the affection then knowing the two individuals were alone together in a hotel room for hours or overnight are not sitting there "just talking".

Being able to prove Adultery can provide an advantage in Court.

Often times there are signs that an extramarital relationship is happening. Some of those signs are:

- Time away that is unaccounted for

- The smell of perfume or cologne on clothes

- Hiding, locking up or tightly controlling access to their cell phone, computer etc

- Suddenly working a lot of "overtime", frequent unusual changes to work schedule etc and pay not changing

- Deleting phone call history, text messages, emails, browser history

- Acting defensive, change in behavior or personality (this could be of sign of other issues also such as drugs, alcohol abuse etc)

- Suddenly caring about their physical fitness or appearance

- Requesting or performing "new" sexual acts


If you suspect there is an extramarital affair going on, in most cases (not all) your gut feel is correct.

This is an area of specialty for The Fox Agency, let us help you!


** DISCLAIMER: We are not Attorneys. All information presented in this and all other articles on our website are based solely on experience and opinion. The intent of our articles is to provide some basic information and is not intended to provide any legal advise. If you are in need of legal advise you must contact an Attorney who can best advise you on your circumstances.