Dating while separated in virginia
However, unlike with alimony, such post-separation adultery is only a factor in equitable distribution if it occurs prior to the court issuing a temporary order in the case. (2) marital misconduct or fault of either or both parties, whether or not used as a basis for a divorce as such, if the misconduct affects or has affected the economic circumstances of the parties, or contributed to the breakup of the marriage; provided, that no evidence of personal conduct which would otherwise be relevant and material for purposes of this subsection shall be considered with regard to this subsection if such conduct shall have taken place subsequent to the happening of the earliest of: (a) entry of a pendente lite order in a divorce or separate maintenance action; (b) formal signing of a written property or marital settlement agreement; or (c) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties. Ideally such dating should be confined to public places and there should be no public displays of affection beyond friendly hugs.There is an actual reported case in which a spouse’s post-separation adultery was considered as a factor in equitable distribution. One still needs to prove opportunity to commit adultery and an inclination to commit adultery to prove adultery.However my clients often want to explore new romantic relationships. However paramour exposure prior to divorce, especially overnight paramour exposure, can be a factor in custody.Each client needs to determine his or her own balance regarding the risks and rewards of dating during marital dissolution litigation. If a parent is going to date prior to a divorce that parent needs to be warned not to expose the child to those he or she dates.Yet there are risks in dating before one is divorced.My preference as the attorney is that my clients don’t date until they are divorced (or at least until they have a final order of separate maintenance): a client who doesn’t date is not going to create any dating-related complications in his or her case.
While Virginia allows you to file with the court to address a number of issues without filing for divorce, the process for doing so is not as simple as filing for “Legal Separation.”If you are anticipating separating from your spouse, and ultimately being divorced – then you really just need to file for divorce.(Note, however that you need only be separated for 6 months if the parties have no minor children and have a written property settlement agreement that resolves all issues arising out of the marriage.)This raises the question of what is a “date of separation?” Simply put, the date of separation is the date that you and your spouse stopped marital cohabitation and intended for the cessation of marital cohabitation (separation) to be permanent.Often clients will ask how to file for “Legal Separation” in Virginia.The quick answer to that question is: you can’t really.