Dating during divorce in virginia
Even so, the presence of someone new, particularly when paraded in front of the spouse and/or children, can enrage the soon-to-be ex, and also create the suspicion that the relationship began as an “affair” before the separation.The innocent new friend can be deposed by the other side’s lawyer (that is, asked questions that are taken under oath and recorded by a stenographer or even videotaped) and subpoenaed to testify at trial.If you are dating while your divorce is pending, not only may this be considered an adulterous act, but it could also be considered one that is negligent as it pertains to your responsibilities as a parent.It could be argued that your romantic relationship(s) with another party are damaging to your child’s psychological well-being, and that rather than focusing your child, you are too interested and wrapped up in your own love life.There is no distinction between platonic contacts and ones that are romantic or sexual, although from a practical standpoint, the romantic/sexual relationships are the ones that draw scrutiny and cause complications.The reason divorce lawyers counsel against dating while the divorce is pending, even if separated, is that it has the potential to increase both the cost and the stress of the divorce trial. Judges, however, rarely punish someone who begins dating – sexually or otherwise – once they have physically separated from their spouse.Were you planning to seek spousal support, or alimony, from your spouse during your divorce?Spousal maintenance is common in many divorce cases in Virginia, and is awarded when one party in the marriage is financially dependent on the other and unable to support their basic needs (or acquire the education or training to do so).
And, the simple answer should always be: “Not until your divorce is final.” But, life is rarely simple.Child custody in Virginia is determined based on the best interests of the child.The best interests of the child are determined by considering a number of factors, including the needs of the child, the needs and abilities of the parents, and more.The purpose is to determine exactly when the relationship began, whether it is sexual, whether any marital property has been transferred to the new friend, such as by gift, how much money was spent on dating this person, and whether the spouse has said anything that could be used against him or her at trial.
Even if everything is on the up-and-up, the result is a lot of unnecessary aggravation and cost.More than just whether or not you are allowed to receive a spousal support award, dating during your divorce could also affect a property distribution judgement as well.