If passed by the Virginia General Assembly this session, Delegate Scott Surovell’s HB940 will decriminalize adultery in the Commonwealth.
Although the crime of adultery is rarely ever prosecuted, the fact that it remains a Class 4 misdemeanor allows those accused of adultery in divorce litigation to plead the 5th Amendment in order to avoid being compelled to testify about their marital misconduct.
If HB940 passes, adulterers will have no choice but to answer questions about the details of their affairs under oath, subject to perjury.
The elimination of the 5th Amendment privilege could provide a new incentive for divorcing couples to settle outside of Court.
http://hamptonroads.com/2014/01/twotiming-spouses-harder-times-may-be-ahead
Bill to Decriminalize Adultery Would Have Substantial Impact on Divorce Litigation
