Court of Appeals of Virginia
427 S.E.2d 233 (Va. Ct. App. 1993)
Mr. Hollis (plaintiff) and Mrs. Hollis (defendant) were married. Mr. Hollis filed a petition for no-fault divorce. During the divorce proceeding Mrs. Hollis testified that Mr. Hollis had committed adultery with another woman. Mr. Hollis admitted to committing adultery, but testified that Mrs. Hollis had consented to the affair. In support of this contention, Mr. Hollis introduced into evidence a letter that Mrs. Hollis had written to him. The letter stated that Mrs. Hollis wanted Mr. Hollis to be happy and to find someone who loved him. Mrs. Hollis recommended that Mr. Hollis start an intimate relationship with the woman with whom he eventually committed adultery. Based on Mrs. Hollis’s consent for the adultery, the trial court granted Mr. Hollis a no-fault divorce. Mrs. Hollis appealed, arguing that Mr. Hollis did not assert connivance in the pleadings and is thus barred from using it as a defense.
Rule of Law
Holding and Reasoning (Barrow, J.)
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