Going through a divorce can be a long, painful, and tedious process. But with the right legal help, it doesn’t have to be.
According to research, approximately 1 out of 3 Americans would not choose to remarry their partner if they had the opportunity to do things differently. That number of dissatisfied spouses could account for the large number of marriages that end in divorce.
If your marriage is headed for divorce you might be wondering if you can date while separated from your spouse. In the State of Virginia, there are things that you want to consider if you decide to date before your divorce is finalized.
Keep reading to learn more about dating while separated in Virginia, and how you can obtain a fast divorce.
Types of Divorce in Virginia
There are two main types of divorce in Virginia.
A divorce from a Bond of Matrimony is the traditional type of divorce that releases each individual from the duties and bond of marriage.
The other type is Divorce from Bed and Board. This is a form of legal separation that acts as a partial divorce. You are still married but a judge can determine the respective property rights of the parties, including assets and debts.
The Bed and Board divorce, however, can only be filed on the fault-based grounds of cruelty, reasonable apprehension of bodily hurt, or willful desertion or abandonment.
Grounds For Separation
If you want to divorce your partner, you must specify the reason, or grounds, for legal separation. This is the process to determine if someone is legally at fault for the separation.
In Virginia, the grounds for separation are narrowed down to “fault-based” and “no-fault” grounds.
It is important to distinguish between the two because they will determine the division of assets, and give leverage in the divorce. Before you decide to date, you must understand the implications that it can have on your divorce and how it can change the grounds for separation.
No-Fault Divorce
As the name implies, this type of divorce is when neither partner has done something outside of the marriage agreement.
This is for spouses who have lived in separation for a given period. One of the benefits of this type of divorce is that separation of assets and property are taken care of before the court proceedings begin. If there are children involved, the custody terms can also be settled.
If you don’t have children, you must live apart from your partner for six months before you can apply for a no-fault divorce. With children, you will need to be living in separation for one year. This will also be a divorce from Bond of Matrimony.
In a no-fault divorce, it might be easier to date during the separation period if you and your spouse have decided to go separate ways on amicable terms.
Fault-Based Divorce
Fault-based divorce means that one party is responsible for the outcome that led to the divorce. This can be adultery, abuse, or abandonment.
There is a long list of faults, most of which show that one party has not fulfilled their matrimonial duties. If your partner has committed adultery or a felony, you can file for divorce as soon as you are ready.
For abandonment, cruelty, or other issues, you must wait one year before filing. For these specific cases, as previously mentioned, the Bed and Board divorce is the best option.
Can You Date While Legally Separated in Virginia?
Now that you understand the different types of divorce in Virginia, you must be wondering: can you date while separated in Virginia?
If you and your spouse have an uncontested divorce, and you and your spouse have signed a comprehensive separation and property settlement agreement, you may be able to date freely. It is critical that you first consult with an attorney regarding this issue.
There are some things to take into consideration. Dating can complicate your divorce through the following:
- Spouse accusing you of adultery
- Changing your divorce to fault-based divorce
- Being denied alimony or spousal support
- Changes in the settlement agreement
- Changes to the child custody agreement and visitation
- Lengthy court proceedings
- Overall increased tension between you and your spouse
If you decide to date while legally separated, you must take these factors into consideration. With the right legal support, you can obtain a fast, uncontested divorce and begin to move forward.
Get a Quick Uncontested Divorce in Virginia
An uncontested divorce means that both parties agree to the terms of separation and issues related to the divorce. This can involve alimony, property, or custody.
An experienced Virginia divorce lawyer can help you get a speedy, uncontested divorce and help you reach a fair agreement with your estranged partner.
With over 25 years of experience, the team at the Law Office of Michael Ephraim has helped thousands of clients obtain a divorce with a quick and easy process. They offer professional and unique services at a low cost for clients all over the state of Virginia.
To Wait or to Date While Separated in Virginia
Getting back on the dating scene is one of the silver linings of going through a divorce. Be sure that you understand the different types of divorce and the grounds for separation that suit your situation. Before you decide if you want to date while separated from your spouse, get the help of a trusted legal team.
Not only can legal aid help you make the right choice, but it can also significantly help speed up the divorce process. You can get the settlement that you deserve and the opportunity to move forward with your life.
If you’re looking for a fast, uncontested divorce, contact our expert legal team at the Law Office of Michael Ephraim.