This will automatically put the other party on the defensive or more defensive than they already are.This may trigger a conference with the non-dating party's attorney; which in turn may trigger an investigation into the possibility that the relationship started before the parties separated.The decision to engage in this process may unnecessarily increase the cost of the divorce and clog the communication channels necessary for settlement with the emotional charge generated by the possibility of adultery.Speaking of adultery, occasionally one thing will lead to another and dating may result in a sexual relationship.Virginia courts require sexual intercourse to prove adultery.Emotional outpourings are not sufficient to prove adultery.
If one spouse leaves the marital home because the other has committed acts that amount to cruelty, then the spouse that leaves is not guilty of desertion.
The length of time it takes to get a divorce varies from county to county, and is dependent upon the type of relief sought and type of hearing that is necessary.
An uncontested divorce will take the least amount of time and will be expedited by the court system under the new differentiated case management system.
Your own conduct is very important if you wish to succeed in getting a divorce on fault grounds of adultery and actual or constructive desertion.
You must not be guilty of any misconduct which would justify the desertion. If you consent, it would constitute a voluntary separation.