State of virginia dating after separation
In Virginia, you must have “grounds” for your divorce.The grounds can be based on fault – for example, one spouse commits adultery, commits a felony, commits acts of cruelty or deserts the other spouse.The other spouse, if they are not dating, may develop the idea that the dating spouse was committing adultery even if that idea hadn't surfaced before.Or, the other spouse may simply suffer anger and hurt as a result of the limited amount of time it apparently took the dating spouse to recover and move on.The cheating spouse and the third party do not necessarily even have to have a sexual relationship – in some places, a family member who convinces one spouse to leave the other might be liable for alienation of affection (though this is very uncommon).Another, even less common, suit is one for "criminal conversation." In a criminal conversation suit, the wronged spouse again sues, but for the suit to proceed there must have been a sexual relationship.
Seeing parents date new partners is difficult for children, especially older children, and the new relationship may cause older children discomfort such that they decide residence with the other spouse would be more desirable.
If the new partner makes the children feel uncomfortable, whether it has to do with the partner personally or it's related to the children feeling that the partner may be at fault or contributing to the separation and divorce, this is likely to have an effect on custody decisions made by the judge.
As such, a spouse who decides to date during the separation is wise to keep the children and the new partner separate to avoid arousing these types of issues during the proceedings.
Further, your new partner may be subject to legal action as well, especially if your relationship began before separation.
In some states, the spurned spouse can sue for "alienation of affection." An alienation of affection suit is when a spouse who was cheated on sues a third party essentially for stealing the other spouse and breaking up the marriage.