Husband Awarded Divorce on Adultery Grounds Despite Condonation

In the case of Polemeni v. Polemeni, the Virginia Court of Appeals, in an unpublished opinion, ruled that the trial court correctly granted Husband’s request for divorce on the basis of adultery.  When Husband returned from military service, he condoned wife’s adultery on the condition that she move to New York and end contact with the paramour.  However, when husband went back on active duty, wife moved back to Virginia.  She said she wasn’t sexually active with the paramour when she moved back, but other evidence showed that she called the man her boyfriend, that they talked about marriage, and that the man’s car was at her residence late into the night.