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    Marital misconduct can encompass a wide variety of actions, including adultery and cruelty.During the proceedings, the fact that a dating spouse is already separated will be noted, but that does not necessarily mean the circumstances of the new relationship will not be considered.Virginia courts require sexual intercourse to prove adultery.Emotional outpourings are not sufficient to prove adultery.

    Dating while separated can hold up and complicate the divorce proceedings, can effect custody and visitation decisions, and rarely but possibly, depending on the state, may be grounds for a lawsuit.For example, the judge might disapprove of the dating spouse's behavior and develop a bias against them.While such a bias is ostensibly unacceptable in the U. legal system, judges are human and biases are natural and even probable in some instances.Virginia law allows for no-fault divorce on the grounds of (a) separation for one year or (b) separation for six months with a separation agreement in place and no minor children.However, Virginia does not have a procedure for obtaining a status of “legal separation” in these no-fault cases.

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