Dating someone new after separating from your spouse can raise concerns about your divorce. Could a new relationship lead to claims of adultery or affect your case?
Virginia House Bill 303 changed the state’s adultery rules effective July 1, 2026. Under the new law, adultery can be grounds for a fault-based divorce, where one spouse blames the other for the marriage’s end.
When can adultery affect your divorce?
Adultery that occurred after your last separation cannot serve as grounds for a fault-based divorce. Adultery before that date may still qualify.
However, a new relationship may still affect other parts of your divorce. For example, spending shared marital money on a new partner may become an issue when dividing property. Your new partner’s role in your child’s life may also affect custody if it raises concerns about your child’s welfare.
How can you establish your separation date?
Under the new law, the exact separation date can determine whether an adultery allegation qualifies as grounds for divorce. If you and your spouse separate, get back together and then separate again, the date of your last separation matters.
Records that may help establish this date include:
- Written messages expressing an intent to separate
- Lease agreements showing different addresses
- A separation agreement identifying the date
- Bank records showing separate living costs
These records can help show when you separated, but none proves the date on its own. If you and your spouse disagree, the court may review other evidence.
Why does your separation date matter?
Beyond adultery allegations, your separation date can affect when you qualify for a no-fault divorce. In Virginia, you generally must live apart for one year to get a no-fault divorce. This period drops to six months if you have a signed separation agreement and no minor children born of or adopted by the marriage. If you get back together and end your separation, the required waiting period generally starts over when you separate again.
Disputes over separation dates and new relationships can complicate your divorce. The Collins Law Firm provides practical representation to help you address these concerns, with transparent flat fees that make your legal costs easier to understand.