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We are approaching Valentine’s Day and it reminds me of the question we are so often asked.  Can I date?  When can I date?  If you and your spouse have a signed agreement that resolves all of your monetary issues, your child custody issues, your property issues and support issues, then it may also state that you are free to live your lives separately from each other and you may be able to start dating.   You need to check those provisions closely and even consult with your attorney.

If, on the other hand, you have outstanding issues or if you are in litigation, dating is not advisable.  Virginia still recognizes post-separation adultery which can impact your support rights, your property rights and your custody objectives.  Even if a dating relationship has not become sexual and does not meet the criteria for post-separation adultery, it can still impact you in many ways including custody.  Therefore, until you have a final decree of divorce, you may want to wait before you start dating. It’s the philosophy of better safe, than sorry.

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