Legal Question in Family Law in Virginia
in virginia, can a financial settlement declaration (separation) legally have clause that stipulates the two parties agree to live as if they were single? would this pose a problem if one of the parties found a new partner before a legal divorce is underway? (adultery)
1 Answer from Attorneys
The referenced clause is ambiguous and would not necessarily implicate Va. Code Sec. 18.2-344 (Virginia's ban on fornication) and therefore should be includable in any PSA in which the parties desire to have it.
However, notwithstanding the foregoing, if one of the parties engages in adultery before the divorce can be finalized, it's possible (but not necessarily certain) that the adulterous one could suffer adverse effects in certain dispositional aspects of the divorce due to his or her proven adulterous conduct.
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