Can we date other people during our separation in Virginia?

Full question:

After trying counseling, etc. We decided to separate. I moved into a Virginia rental apt. ( signed lease) and my two teenage sons live with their dad in another Va community nearby. I see the boys frequently and our separation is very amicable. We have a signed, notarized PSA . In Va., it was explained that we need to be separated one year before filing for divorce. Are 'Sam' and I allowed to date other people until that year is up and divorce filing can occur? (Also- FYI...I am paying spousal support to him in addition to paying my own rent b/c my name is still on the mortgage associated with the property where he and our sons live and he cannot manage that without my contribution.)

  • Category: Divorce
  • Subcategory: Legal Separation
  • Date:
  • State: Virginia

Answer:

If you are legally separated in Virginia, you are still married and can technically date other people. However, dating could be considered adultery, which is a ground for divorce in Virginia. Adultery can impact alimony and the division of marital property during divorce proceedings.

According to Virginia law, the court will consider several factors when determining property division and alimony, including the circumstances leading to the divorce and any contributions made by each party. It is essential to be aware that any actions taken during the separation period could influence these decisions.

For more specific legal advice tailored to your situation, consider consulting with a family law attorney.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, you can change your mind after being approved for an apartment. However, it's essential to notify the landlord or property management as soon as possible. Depending on the lease agreement, you may be responsible for any fees or deposits already paid. Always review the terms of your application to understand any potential financial implications.