Divorce virginia dating during separation
It can also bar a party from receiving spousal support.
Virginia Code § 20-107.1(B) mandates that a spouse who commits adultery will not be entitled to receive any spousal support absent a finding of manifest injustice as follows: No permanent maintenance and support shall be awarded from a spouse if there exists in such spouse's favor a ground of divorce under the provisions of subdivision (1) of § 20-91 ["For adultery; or for sodomy or buggery committed outside the marriage"].
In many cases, it’s difficult to predict how long it will take to finalize a divorce.
Nevertheless, you may find a new romantic interest or simply want to start dating during your separation period.
Wanting to move on with your life is perfectly normal.
There are, however, some important considerations when deciding whether to start dating while your divorce is in progress. Although it is rarely, if ever, prosecuted, adultery is still a crime in the State of Maryland, and is a misdemeanor punishable by a fine.
However, the court may make such an award notwithstanding the existence of such ground if the court determines from clear and convincing evidence, that a denial of support and maintenance would constitute a manifest injustice, based upon the respective degrees of fault during the marriage and the relative economic circumstances of the parties.
(emphasis added)Note that § 20-107.1(B) makes no distinction between pre-separation and post-separation adultery.
The commission of adultery during that period by either party to a marriage in trouble is the one act most likely to frustrate and prevent reconciliation.
This permits your spouse to seek information on your romantic relationships through discovery and present the court with any evidence of adultery.
Could your significant other end up on the witness stand? Depending on the tenor of your divorce proceedings, your spouse may try to make your new significant other a witness in your case.
Choosing to date can be a difficult decision while you are still in the midst of divorce proceedings.
If you have questions about how your decision will affect your divorce or custody case, contact a member of our family law department.