In Virginia, you are still married until you are divorced. If you are having sex with your date, you are committing adultery. Although it is considered “post separation adultery” it is still a fault-based ground for divorce, and it is a crime.

Is it adultery if you are separated in VA?

Under Virginia law, you are either married or divorced, so even though you may be separated from your spouse physically, you are still married in the eyes of the law. If you are having sex with your dating partner, you are committing adultery.

What is considered proof of adultery in VA?

Virginia law requires “clear and convincing” evidence for a finding of adultery, a higher standard of proof than other grounds for divorce. Thus, to prove adultery, one must provide the court with clear and convincing evidence that ones spouse in fact had sexual intercourse with another person.

What does legally separated mean in Virginia?

Legal separation is the point between marriage and divorce. You are considered “legally separated” when a court sanctions an agreement between you and your spouse detailing each partys rights to child custody, support, and property division while youre still married but living apart.

Is texting considered adultery?

Spilbor says, “Sexting, while not technically adultery, is cheating. So, it would appear that adultery requires a physical relationship and not merely flirting, texting or sexting. While these behaviors may constitute cheating or infidelity, they do not appear to qualify as adultery in the legal sense of the term.

How much does a separation agreement cost in Virginia?

Generally speaking, separation agreement retainers start at $2,500, and contested divorce retainers start at $5,000 or $7,500. A retainer fee is a sum of money that must be paid up front in order to open your case with the office.