Painter v. Painter
In Painter v. Painter, 215 Va. 418, 420, 211 S.E.2d 37, 38 (1975), the wife discovered white stains on the husband's pants and underwear and found another woman's lipstick on the husband's shirts. See 215 Va. at 420, 211 S.E.2d at 38.
She also discovered a note to him saying, "I need you so."
After she saw her husband in a car with another woman and remonstrated with her, she hired private investigators, who observed the husband "kissing and embracing the woman in her automobile."
The investigator saw the husband and the woman drive separately to another city, meet in that city, enter the woman's car, and drive away.
They returned several hours later and kissed in her automobile.
On another occasion, the investigator saw the husband's truck in front of the woman's home at 11:55 p.m., with only a dim light in the living room.
A light in the bathroom twice was turned on and off.
The investigator saw the husband leave at 1:45 a.m. See 215 Va. at 419, 211 S.E.2d at 38.
Although the Supreme Court noted that the circumstances created "grave suspicion of an intimate relationship," the Court held that "even strongly suspicious circumstances are not enough to establish adultery." Id. at 420, 211 S.E.2d at 38.