While i don’t have to tell you that dating while separated is risky, it is ultimately your decision technically, as far as the court is concerned, you are still married by law my advice is to be very cautious about the situation and don’t jump in to anything too quickly. Can i date while we are separated parties can charge one another with adultery at any time and the existence of a separation agreement does not protect a party from being so charged any behavior on your part which would indicate inclination or opportunity could be used against you to establish adultery. Sex and dating after separation but before divorce: what’s appropriate february 19, 2013 by katie carter in most divorces, there is a period after the marriage is over in the minds of the parties, but before the marriage is over in the eyes of the law. Consequences of dating while separated in virginia can you date if you are legally separated in virginia of course you can date if you are living apart under a separation agreement or decree of separate maintenance.
Post separation adultery is the same as pre-separation adultery and can be a grounds for divorce in addition, adultery, sodomy, and fornication are all still crimes in the commonwealth of virginia, and one doesn't want to make an already difficult situation more difficult by injecting a criminal charge into the mix (note: the us supreme. Furthermore, while adultery is a marital fault ground, if it occurs post-separation, it could not reasonably be said to have been what caused the breakdown of the marrriage however, it could still be raised for the purposes of asserting a bar to spousal support/alimony.
That means that where fault is recognized in a divorce case, dating while your divorce is pending could be considered proof of adultery even if you and your spouse are separated, dating before your marriage is dissolved can be used to help prove marital misconduct during your marriage.
Virginia legal separation june 10, 2015 by katie carter if you’re wondering whether it’s possible to save your marriage or it’s really just time to end it, you’ve probably already given some thought to a virginia legal separation.