Montclair, Virginia · No-Fault Divorce
It is one of the most common questions I hear, and an understandable one. You are separated, the marriage is over in every way that matters to you, and a year is a long time to wait. But in Virginia, you are still legally married until the divorce is final, and that fact carries real risk. Let me explain how dating during separation can affect your case.
By Alisa Chunephisal, Esq. · Founding Partner, NOVA Legal Professionals
This article is one part of our larger divorce guide. For the full picture, start with our cornerstone, Divorce in Virginia. Here, I will focus on dating during the separation period.
You are married until the decree
A no-fault divorce in Virginia requires living separate and apart for the required time under Va. Code § 20-91(A)(9), six months with no minor children and a signed agreement, or a year otherwise. During that whole period, you are still legally married, even though you are living apart. That status is what makes dating more complicated than it feels.
The adultery risk
Because you are still married, a sexual relationship with someone new before the divorce is final can count as adultery, which is a fault ground under Va. Code § 20-91. That matters most for money: a spouse proven to have committed adultery can be barred from receiving spousal support under Va. Code § 20-107.1(B), with only a narrow manifest injustice exception. So a new relationship can quietly cost you support you would otherwise receive.
A Word About “Just Dating”
Even dating that does not become physical can hand your spouse ammunition: it can raise tension, complicate settlement, and become a side issue in a custody dispute over what the children are exposed to. The safest path is to wait until the divorce is final. If you are not willing to wait, talk to a lawyer first, because the timing and the facts matter a great deal.
Unsure how a new relationship affects your case?
A short conversation can tell you what is safe and what could cost you. No pressure, no commitment.
Watch the separation clock too
There is a second, quieter risk. A no-fault divorce depends on an unbroken period of living separate and apart. If a new relationship pulls you back toward your spouse, or if you and your spouse reconcile and resume the marriage, the separation clock can reset and start over. Keeping the separation clean and continuous protects your timeline. For how that period works, see our no-fault divorce page.
Where a Montclair case is filed
A Montclair divorce is filed in the Prince William County Circuit Court, the 31st Judicial Circuit, at the Prince William Judicial Center, 9311 Lee Avenue in Manassas, which serves all of Prince William County.
“Separated does not mean single. Until the decree is signed, a new relationship is a legal risk, not just a personal choice. Waiting is the cheap insurance.”
Alisa Chunephisal, Esq. · Founding Partner
Alisa’s Practical Advice
Three habits protect a Montclair client during separation. First, if support is on the table, wait to date until the divorce is final, because a new relationship can put your spousal support at risk. Second, keep the children out of any new relationship while the case is open, since it can become an issue in custody. Third, if you are not willing to wait, get advice first, because the consequences depend on the specific facts and timing, and a short conversation can keep a personal choice from becoming a costly one.
When in doubt, wait for the decree. It is the simplest way to protect your support and your case.
Authoritative References
Sources
- Code of Virginia, § 20-91. Grounds for divorce, including the no-fault separation grounds and adultery as a fault ground. law.lis.virginia.gov/vacode/title20
- Code of Virginia, § 20-107.1(B). Bar on spousal support for a spouse proven to have committed adultery, subject to a manifest injustice exception. law.lis.virginia.gov/vacode/title20
- Prince William County Circuit Court (31st Judicial Circuit). Divorce filing at the Prince William Judicial Center, serving Montclair. pwcva.gov/department/circuit-court
Statutory rules verified against the current Code of Virginia as of June 2026. This is general information, not advice about your specific situation.
Frequently Asked Questions
Can I legally date while separated in Virginia?
You are not barred from dating, but you are still legally married until the divorce is final, and that carries risk. A new sexual relationship before the decree can count as adultery, a fault ground, and even non-physical dating can complicate your case. Many people choose to wait until the divorce is final to avoid those consequences.
Will dating affect my spousal support?
It can. Under Va. Code § 20-107.1(B), a spouse proven to have committed adultery can be barred from receiving spousal support, with only a narrow manifest injustice exception. So if support matters in your case, a new sexual relationship before the divorce is final can put it at risk. That financial consequence is the main reason to be cautious.
Does dating affect custody?
It can become an issue, mainly around what the children are exposed to during the case. Custody is decided on the best interests of the child, not on punishing a parent, so dating by itself is not decisive. But introducing a new partner to the children while the divorce is pending can add conflict, so many parents keep new relationships separate from the children until things settle.
Can dating reset my separation clock?
Not the dating itself, but reconciling can. A no-fault divorce depends on an unbroken period of living separate and apart. If you and your spouse get back together and resume the marriage, the clock can reset and start over. Keeping the separation clean and continuous is what protects your timeline toward a no-fault divorce.
Should I just wait until the divorce is final?
For most people, yes, it is the simplest way to protect both spousal support and a clean case. If waiting is not realistic for you, the wise step is to talk with a lawyer first, because the risk depends heavily on your specific facts, the timing, and whether support is in play. A short conversation can prevent an expensive mistake.
When You Are Ready
Let’s protect your Montclair case while you move on.
Tell me where things stand, and I will give you a straight answer on what is safe and what could cost you. The first call is a conversation, not a commitment.