Saturday, January 9, 2010

When is it ok to date if your spouse leaves you and neither party has filed for divorce in Virginia?

my husband left almost 3 months ago and neither one of us has actually filed for divorce. Not because we want to work it out but for other personal reasons. Will iI be able to date without getting into legal trouble or can he say it is adultry?When is it ok to date if your spouse leaves you and neither party has filed for divorce in Virginia?
The other answer is correct.... Virginia law states that you must be living separate and apart without cohabitation for 1 year (with children) or living separate and apart without cohabitation for 6 months (without children) and the spouses have entered into a separation agreement.





Adultery is kind of hard to ';prove'; in regards to filing charges. Some states make it really difficult, so most people don't even bother. Adultery is not illegal, the only thing that can affect the divorce (in regards to committing adultery) is your husband can use it as a ';reason'; to file for divorce.





Maybe the personal reasons are financially related, or something similar? Either way, you need to get the divorce, THEN start dating. It will save a lot of trouble and worry.When is it ok to date if your spouse leaves you and neither party has filed for divorce in Virginia?
I would consult a lawyer and find out the law in your state but you need to have a legal document signed by both parties filed with the court thatn agrees you are both legally seperated.
You can date, but you really need to be legally separated for 6 months in the state of VA before you can divorce.

No comments:

Post a Comment