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Where the parties have minor children, they may also provide for child custody, visitation and support in their separation agreement.
Finally, the parties may include various other provisions in their agreement, such as language providing for the payment of spousal support (alimony).
There is not an interim stage where a Virginia court grants the parties the status of “legally separated.” The closest thing Virginia has to the type of legal separation granted by other states is something called a “divorce from bed and board,” which is limited to fault-based cases and very rarely granted in Virginia.
So, what does it mean to live “separate and apart” for purposes of a no-fault divorce on the ground of separation in Virginia?
North Carolina law still permits an action for “alienation of affection” against a third party whom the plaintiff feels is responsible for ending the marriage.
Even if you did not begin dating someone until after the date of separation, a suspicious former spouse may see the new boyfriend or girlfriend as the cause of the marriage’s end and bring a court action.
Beyond these actions, dating can have an effect on any post-separation support you may receive.
It can govern everything from financial support to relations between the parties.
This can include dating, permitting each party to see other people without a fear of legal action or loss of support.
This action has a three year statute of limitations and doesn’t require sexual relations, unlike an action for “criminal conversation”.
The good news, however, is that both of these actions have defenses that can be raised in court.