Virginia's legal requirements for divorce include the requirement that at least one party is a resident for six months prior to the dissolution.
Additionally, Virginia requires a one-year separation period before "no fault" grounds may be claimed for divorce.
These feelings can cause property division to be more difficult, as well as other aspects of the divorce.
Dating while in the process of a divorce may also affect child custody determinations.
Dating while separated can hold up and complicate the divorce proceedings, can effect custody and visitation decisions, and rarely but possibly, depending on the state, may be grounds for a lawsuit.
Dating while going through a divorce can have a number of negative effects on the divorce proceedings, both in court and emotionally.
Get a Free Legal Evaluation of Your Virginia Divorce Case The divorce process can be difficult, emotionally and legally, and you may find meeting with an attorney can help -- especially if the spouse from which you are getting divorce has legal representation.
During the proceedings, the fact that a dating spouse is already separated will be noted, but that does not necessarily mean the circumstances of the new relationship will not be considered.
For example, the judge might disapprove of the dating spouse's behavior and develop a bias against them.
While such a bias is ostensibly unacceptable in the U. legal system, judges are human and biases are natural and even probable in some instances.
In addition, in some states the new relationship may be considered in the division of property or alimony determinations, so the dating spouse may not get as much as they want out of the divorce depending on the new partner's financial circumstances.