I was wondering if there was a statute of limitations on adultery. My wife had an affair about 3 years ago. I was wondering if I can still divorce her under the grounds of adultery after the time lapse.
I cannot answer your question specifically to the laws of Virginia as I am not licensed to practice law in that State. In general, adultery at any time in the marriage can be considered. However I do not know if the remoteness of the time will prohibit you from alleging it as a your grounds for divorce. Also keep in mind that there must be some corroboration of the testimony of a spouse in proving adultery, and the evidence should be strict, satisfactory and conclusive that the other spouse did in fact engage in sexual relations with another person although "eye witness" testimony to the acts is not required. In most cases, circumstantial evidence may be sufficient. I suggest you contact an attorney in your area to discuss the matter further.