First, unlike some states, there is no such thing as a “legal separation” in Virginia. With that being said, no one can prevent you from dating during your separation. It is not a crime to do so, and the court is not going to order you not to date. However, dating during your separation poses some potential risks.

Is it adultery if you are separated in Virginia?

In Virginia, post separation adultery – or adultery after youve separated from your spouse but before the divorce is final – is still adultery. And that means that your ex-spouse can seek a fault based divorce against you, which has consequences. First, it allows the non-cheating spouse to seek a divorce immediately.

How does adultery affect divorce in Virginia?

Adultery has a five-year statute of limitations as a divorce ground in Virginia, which means that if the divorce suit is filed more than five years after the adultery, the divorce will not be granted on the adultery ground.