Coe v. Coe
In Coe v. Coe, 225 Va. 616, 303 S.E.2d 923 (1983) the trial judge found adultery was established based on a private detective's testimony that on two occasions in the middle of the night, he had observed the wife's car outside the unlit apartment of another man and then saw her leave early in the morning. See Coe, 225 Va. at 621-22, 303 S.E.2d at 926-27.
In affirming the trial judge's finding, the Supreme Court noted that the wife did not contradict or deny the detective's evidence, no other witness contradicted or denied that evidence, and the wife made "no attempt to explain her relationship with the man, or her presence in his unlighted apartment on the two occasions testified to by the detective." Id. at 622, 303 S.E.2d at 927.