Husband can't back up adultery claim

Husband Can’t Back Up Adultery Claim


By Deborah Elkins
Published: July 5, 2012
Tags: Domestic Relations, Judge Larry G. Elder, Virginia Court of Appeals

A husband’s complaints about his lawyer wife not billing a client did not support his claim she committed adultery with the client, and the Court of Appeals affirms a final decree of no-fault divorce and denial of spousal support to husband.

Wife argued her alleged suspicious conduct could be explained by her attorney-client relationship with the alleged paramour and that husband had not provided any evidence refuting her explanation.

Assuming without deciding that the trial court erred in granting wife’s motion to strike prior to the conclusion of husband’s case-in-chief, we hold that any such error was harmless because husband’s proffered evidence does not indisputably refute wife’s credible explanations for her suspicious conduct. Observing wife’s demeanor as she asserted her Fifth Amendment right against self-incrimination would not compel the rejection of her plausible explanation that her relationship with her alleged paramour was strictly professional. Wife explained her numerous invocations of attorney/client privilege stemmed from her advocacy of her alleged paramour’s business interest as the attorney for his company. Husband had the responsibility to demonstrate how the trial court’s ruling on wife’s motion to strike was premature and prejudiced his right to a fair trial. The trial court had ample evidence from the exhaustive depositions and husband’s proffered evidence is legally insufficient to compel a finding that wife committed adultery.

Because the record does not contain an adverse ruling with regard to wife’s assertion of attorney/client or Fifth Amendment privilege or indicate the basis of husband’s objection to wife’s assertion of privilege, we cannot consider his argument on appeal.

Judgment affirmed, each party to pay own attorney’s fees.

Jordan v. Jordan (Elder) No. 0698-11-2, June 26, 2012; Hanover County Cir.Ct. (Harris) Brandy M. Poss for appellant; Charles E. Powers for appellee. VLW 012-7-190(UP), 10 pp.

Interesting article.

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