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What happens if I become romantically involved with someone? For those who are currently separated and either dating or are thinking about dating, there are several factors to consider. Under Virginia law, you are either married or divorced, so even though you may be separated from your spouse physically, you are still married in the eyes of the law.
With that being said, no one can prevent you from dating during your separation. It is not a crime to do so, and the court is not going to order you not to date. However, dating during your separation poses some potential risks. For one, you may be giving your spouse the ability to file for divorce on fault-based grounds. If you are having sex with your dating partner, you are committing adultery.
As strange as it may sound, adultery is a crime in Virginia and you can be charged with a misdemeanor for engaging in it although actual criminal prosecution is extremely rare. Additionally, the court will consider such marital fault when deciding how marital property should be distributed between the parties, and the court has the power to award you less of the marital property if adultery is proved.
Child custody and visitation is determined based on what is in the best interests of the. So, is it advisable to start dating while separated? Again, you are not prohibited from doing so.
And it is understandable that you may be eager to get back out there into the dating world after years of unhappiness. This will provide you with some protection going forward should you decide to date before the divorce is finalized, as most MSAs contain a provision stating that the parties will not seek a divorce other than on no-fault grounds. If you are separated from your spouse, be sure to consult with an experienced family lawyer in your jurisdiction before you begin dating.
to schedule a consultation today. See also: Guide to Separation in Virginia.
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