My spouse and I are separated. Is it ok to date another person?
A: Legally, it is never advisable to date another person while you are involved in a domestic situation that may result in a divorce or custody suit. First, adultery is still adultery, even if the spouses are separated, and it is still a misdemeanor crime in Virginia. In addition, if adultery is proven in a divorce, the "guilty" party may lose the right to receive spousal support.
Even if adultery is not committed, however, you still may be accused of it if your behavior indicates a romantic involvement with another person while you are still legally married. In child custody cases, the issue of exposure of the children to an adulterous relationship may become a serious issue. In short, while it may be very tempting, from a personal standpoint, to "date" others after the breakdown of an unhappy marriage, the legal consequences can be serious.
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Rinehart, Butler, Hodge & Moss, PLC
1259 Courthouse Road
Suite 105
Stafford, Virginia 22554
Phone: 540-659-2184
Fax: 540-659-8143
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