Can I legally date someone while in the process of divorcing my husband?

My spouse broke the marriage when he cheated on me 6 times.

Asked on August 21, 2011 Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I think that you are asking this question for fear of being accused of adultery and informing us here that your husband cheated first, correct?  Generally speaking, and in these type of matters, the court looks to see what they can consider the "end date" of the marriage, in that the court looks to a date certain for determining issues such as separate property, etc.  If there is a separation agreement or divorce settlement that date signed is generally the date used (and the agreement should state something about dating othersin general terms) or the court looks to the filing of the divorce papers as a date certain.  So I think that if by "process" you mean you have filed and served your husband then you are fine to date.  Good luck with everything. 


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