Dating while separated in virginia
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.
In those states, a case is opened when the parties decide to separate, and the courts are able to issue temporary orders for custody, support and property division while the parties work towards a final divorce agreement, or a final trial where the court will make final rulings as to those issues.
A question that is often posed by persons seeking to separate from their spouse and eventually divorce, is whether or not there is a status of legal separation under Virginia law.
The short answer is no, unlike many other states, Virginia’s domestic relations laws do not have a status for legal separation in cases where neither party is at fault in ending the marriage.
Marital misconduct can encompass a wide variety of actions, including adultery and cruelty.
During the proceedings, the fact that a dating spouse is already separated will be noted, but that does not necessarily mean the circumstances of the new relationship will not be considered.