Dating and separation in virginia

Even if he doesn't go that far, the fact that you are dating during your marriage paints you as someone of questionable morals, which may impact custody, alimony or visitation issues.

If you negotiate a settlement agreement, be sure to talk to your attorney about including a clause that each spouse has the right to date others during the separation.

But there could be consequences in the divorce case.

If your spouse wants to, he can use your choice to date before your marriage is dissolved to obtain a fault divorce.

Under Virginia law, you are married until you are divorced and if dating gets serious, you could find yourself without spousal support and even perhaps in jail on an adultery charge.Alternatively, if one party vacates the marital home and informs her spouse of her intention to seek a divorce, this will also do the trick.However, oftentimes, to benefit the children or out of economic necessity, separating parties will elect to remain under the same roof at first.First, if you don’t have a fault basis for your complaint (adultery, cruelty, desertion, constructive desertion, etc.), then your separation date will determine when you can file for divorce.In Virginia, you must wait one year to file if you have children and/or in the absence of a marital settlement agreement, but you can file after only six months with no children and a marital settlement agreement in place.

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