Legal Question in Family Law in Virginia
What Can You Do While.....
I understand that in Virginia there isn't any such thing as a ''legal separation''. I know this. BUT what I am asking is, while you are separated, i.e. living in separate housing, sharing custody of a child and not having any contact with your ex-spouse unless it is to pick up the child or drop him/her off, while under this ''separation'', what exactly can you do? Such as, Date of people while ''separated''? Or can you not legally have a relationship until the 1 year of separation is up and over and the divorce papers are signed by a judge?
Thanks,
J
2 Answers from Attorneys
Re: What Can You Do While.....
Technically, even post separation adultry is forbidden by the Virginia Code. However, if the two of you execute a separation agreemnt stating each may live his or her life as if unmarried, you are protected against any negative effect of actual adultry onn your rights in connection with the financial aspects of the divorce (though you are still violating the law of Virginia AND your custody and visitation rights would likely be affected by exposure of the child to an adulterous relationship.)
Re: What Can You Do While.....
What is really important to do during this limbo period is to enter into a separation agreement. The separation agreement resolves all your legal liabilities and basically forces the other party to accept an uncontested divorce (which allows you to date). It also addresses custody and visitation as well as support issues. Think of it this way. If you sign a document now that addresses, for example, that neither party will seek alimony. What if 6 months from now your spouse becomes disabled? If you have no agreement, you can rest assured alimony will be requested. With the agreement the spouse cannot ask for alimony. That is just one example of many.
Enter into an agreement as quickly as you can. Get all the legal issues resolved NOW so that you don't have to leave it up to a court to resolve.
If you have any questions call me at my VA or MD office at 301-652-0663 or 703-968-3974.