Dating while going through a divorce can have a number of negative effects on the divorce proceedings, both in court and emotionally.
Additionally, while every state is now a no-fault divorce state, marital misconduct can still be considered in some situations.
But why is it important, and how can you ensure that you’ve done it correctly?
In some jurisdictions (such as Fairfax County), regardless of fault grounds, you will not be scheduled for an equitable distribution divorce trial until beyond the statutory time period.
Second, your date of separation will have an impact on the marital, separate or hybrid nature of financial accounts, retirement accounts, and other property.
Fault-based divorce reasons include abandonment and desertion, cruelty or adultery.
Couples divorcing should not consider dating until the divorce is final.
California is one of these states, which is why you often hear about celebrity legal separations.
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.
Unfortunately, many people reach a point of no return in their marital relationship.
Perhaps a spouse has been unfaithful or abusive, or maybe two people have simply drifted apart over time.
These factors can be used as circumstantial evidence with other proof, such as an all-night stay at the lover's house.
Proving the ex-spouse committed adultery becomes difficult once the spouse is no longer living in the marital house.
Virginia law allows for no-fault divorce on the grounds of (a) separation for one year or (b) separation for six months with a separation agreement in place and no minor children.