Higgins v. Higgins
In Higgins v. Higgins, 205 Va. 324, 136 S.E.2d 793 (1964), the evidence proved that men visited the wife's home late at night, where she was seen kissing various men and "generally acting indiscreetly." Id. at 327, 136 S.E.2d at 795.
Accompanying police when they raided a motel, the husband found his wife "and a man . . . occupying a motel room, both scantily clothed in underwear." Id.
They had consumed alcohol in a room that "was in a used and rumpled condition." Id.
The Court noted that "the record is replete with evidence that in the husband's absence the wife kept company with men and at various times was seen in compromising positions with them; that she consumed alcoholic beverages to an excess." Id. at 328, 136 S.E.2d at 796.
Noting the lack of any plausible explanation, the Court in Higgins observed that the wife "attempted to explain that she and the man had gone to the motel room for the purpose of discussing some real estate business; that while there she had decided to wash her hair after noticing that the motel had soft water, and that this accounted for her unclad condition." Id. at 327, 136 S.E.2d at 795.
In attempting to explain why she spent another night in a motel room with the same man, "she said she was lonely and had gone to the room for the purpose of 'crying on his shoulder.'" Higgins, 205 Va. at 327-28, 136 S.E.2d at 795-96.
Given these circumstances of covert conduct and the lack of a plausible explanation, the Court concluded "from the cold print of the record, that the wife has been guilty of infidelity." Id. at 328, 136 S.E.2d at 796.