Family Law Questions? Ask a Family Lawyer Online.
Good day, my name is Brandon. I'm glad to offer my assistance.
There's a lot of confusing information out there, but I think that I can put your mind at ease:
It's true that, under Virginia law, it use to be criminally illegal to cohabitate in an unmarried sexual relationship. However, that law hadn't been enforced for decades and was officially taken off the books on July 1, 2013. It also use to be that a spouse could sue if someone else had sexual relations with their spouse while still married, but has also changed. It is not illegal to cohabitate in Virginia with someone who is not your spouse, even if you're technically still married.
There may be other reasons why it is prohibited for any given case... for example, there may be a court order related to possession and occupation of the home. But it's generally not a problem. In fact, it's fairly common.
Does that make sense and have I answered your question to your satisfaction?
I think that I understand your question -- are you asking whether cohabitation with a spouse during the divorce will interfere with the divorce proceedings?
The answer to that question is "it depends". In Virginia, there are different types of divorce. One of those types is "no fault" divorce. In a "no fault" divorce, the marriage is deemed to have broken down simply because of irreconcilable differences. For a "no fault" divorce, the parties generally need to be separated for one year. However, if the parties have entered into a Property Settlement or Separation Agreement and there are no minor children, the time period can be reduced from one year to six months...
Do you know for what type of divorce you filed?