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lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25386
Experience:  Practicing family law attorney
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My soon to be ex wife has recently got engaged. We are not

Customer Question

My soon to be ex wife has recently got engaged. We are not divorced yet, we also have children. She notified me that they are moving in together and the kids are moving in also. Is that legal in virginia and what law says it is or is not
Submitted: 6 years ago.
Category: Family Law
Expert:  lwpat replied 6 years ago.

There is the law against adultery since she is still married but that is rarely charged. However you can file for divorce based on the adultery


(1) For adultery; or for sodomy or buggery committed outside the marriage; (2) Where either of the parties subsequent to the marriage has been convicted of a felony, sentenced to confinement for more than one year and confined for such felony subsequent to such conviction, and cohabitation has not been resumed after knowledge of such confinement (in which case no pardon granted to the party so sentenced shall restore such party to his or her conjugal rights); (3) Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year from the date of such act. (Virginia Code - Title 20 - Sections: 20-91)


Adultery is also a factor is the division of the marital property but you can probably still expect it to be fifty fifty


The amount of any division or transfer of jointly owned marital property, and the amount of any monetary award, the apportionment of marital debts, and the method of payment shall be determined by the court after consideration of the following factors: 1. The contributions, monetary and nonmonetary, of each party to the well-being of the family; 2. The contributions, monetary and nonmonetary, of each party in the acquisition and care and maintenance of such marital property of the parties; 3. The duration of the marriage; 4. The ages and physical and mental condition of the parties; 5. The circumstances and factors which contributed to the dissolution of the marriage, specifically including any ground for divorce under the provisions of subdivisions (1), (3) or (6) of § 20-91 or § 20-95; 6. How and when specific items of such marital property were acquired; 7. The debts and liabilities of each spouse, the basis for such debts and liabilities, and the property which may serve as security for such debts and liabilities; 8. The liquid or nonliquid character of all marital property; 9. The tax consequences to each party; 10. The use or expenditure of marital property by either of the parties for a nonmarital separate purpose or the dissipation of such funds, when such was done in anticipation of divorce or separation or after the last separation of the parties; and 11. Such other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable monetary award. (Virginia Code - Title 20 - Sections: 20-107.3)


Here is the information and forms on divorce and it is the same statewide



Customer: replied 6 years ago.
My soon to be ex wife is moving in with her fiance with my kids, my sole question was is that illegal, and is she allowed to do that
Expert:  lwpat replied 6 years ago.
In the absence of a court order, no except for the possibility of a charge of adultery.