Dating after filing for divorce in virginia
A whole subset of risk arises when child custody is an issue. A parent’s immoral behavior is not one of these criteria; however, it can be of some relevance in a custody case. Dating often leads to accusations of adultery, and sometimes dating leads to actual adultery.
“A parent’s morality, while a proper factor for consideration, is limited in its force to what relevancy it has, either directly or indirectly, to the welfare of the child.” , 343 S. Post-separation adultery can be a major factor in alimony and a small factor in property division. Code § 20-3-130(A), “No alimony may be awarded a spouse who commits adultery before the earliest of these two events: (1) the formal signing of a written property or marital settlement agreement or (2) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties.” Post-separation dating by a supported spouse often leads to an adultery claim being made by the supporting spouse, who wants to be free of the potential alimony claim.
This is due in large part to the great San Francisco quake of 1906.
Believe or not, many records were lost or destroyed because of this event.
Post-separation adultery could increase the likelihood or amount of the supporting spouse’s alimony obligation if it affected the economic circumstances of the parties or contributed to the breakup of the marriage. Finally–obviously–post-separation adultery remains a ground for divorce.
Limiting the contact to public places and limiting the displays of affection reduces, but does not eliminate, the risk of adultery being alleged.
Each client needs to determine his or her own balance regarding the risks and rewards of dating during marital dissolution litigation. If a parent is going to date prior to a divorce that parent needs to be warned not to expose the child to those he or she dates.
This blog is intending to help litigants understand these risks. Code § 63-15-240(B) sets forth sixteen specific criteria for the family court to consider when determining child custody. Alimony and property division can also be affected when a spouse dates prior to a final order of separate maintenance.
You also may want to try different methods to obtain these records.
For instance, you can try finding them at the library, in person at a courthouse or online through multiple options.