Seemann v. Seemann

In Seemann v. Seemann, 233 Va. 290, 293, 355 S.E.2d 884, 886 (1987), although the evidence proved "highly suspicious circumstances," the Supreme Court held that it failed to prove adultery. 233 Va. at 294, 355 S.E.2d at 886-87. The wife testified that she had "strong feelings" for the other man but denied that they ever engaged in sexual intercourse. While admitting that she and the other man had slept in the same bedroom, she said that they never slept in the same bed. When she was asked why she had not had sexual intercourse with the other man, the wife replied: "Because I don't believe in it. It's not God's way. God says no to it." When counsel suggested that her denial was "rather incredulous," the wife responded: "I understand that, I do. But that's why our relationship is so special. I realize it's extremely hard to believe in this day and time, but there are people out there that have principles today; Godly principles." The other man expressed his love for the wife, but he also denied that they had engaged in sexual intercourse. When he was asked why they had not had sexual intercourse, the other man answered: "Because we just don't believe that that's the way it should be. That's why she's so special. That's why I spend the time I do with her." In a similar vein, he added: "She's that way. She has those beliefs, and that's what I find so special about her." Seemann, 233 Va. at 292-93, 355 S.E.2d at 885-86. Holding the evidence failed to prove adultery, the Supreme Court ruled that this testimony was not "incredible as a matter of law." Id. at 294, 355 S.E.2d at 887.