A trail of sexy phone messages and an overnight stay with a woman he met at his tennis club, plus the Viagra a husband kept in his truck, added up to adultery for a Madison County Circuit Court. The Court of Appeals upheld that finding yesterday in Davis v. Davis.
The girlfriend said the messages were just “jokes,” and the husband said he never even got the messages, but the trial judge said neither party “provided a credible explanation for the sexually explicit phone messages, or their behavior in general.” Even assuming husband had proved desertion by wife, the trial court still was free to grant the divorce on the ground of adultery.
In its unpublished opinion, the appellate panel also upheld a finding that husband committed waste of marital property when he cashed in CDs to buy property in Charlottesville shortly before the couple separated.
By Deborah Elkins