Sodomy

[pakunic]

What is the name of your state (only U.S. law)? Virginia.

If a spouse commits one act of sodomy outside the marriage and that act is discovered, but the injured spouse says they forgive and want to remain in the marriage....can the injured spouse use the incident later as cause for divorce?

 

[Proserpina]

What is the name of your state (only U.S. law)? Virginia.

If a spouse commits one act of sodomy outside the marriage and that act is discovered, but the injured spouse says they forgive and want to remain in the marriage....can the injured spouse use the incident later as cause for divorce?

An interesting question.

Taken from the Virginia State Bar site it would appear that the divorce will not be awarded on those grounds if the defendant can use one of several defenses, including:

Condonation. The innocent spouse has “condoned�? or legally forgiven the offending behavior by voluntarily cohabiting with the guilty spouse after learning of the adultery, sodomy or buggery.

(The full text and context is here Virginia State Bar - Publications )

 

[Ohiogal]

Once you learn of it and forgive it, it can not be used as grounds of divorce.