Virginia law dating while separated

Your own conduct is very important if you wish to succeed in getting a divorce on fault grounds of adultery and actual or constructive desertion.

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Parties can charge one another with adultery at any time and the existence of a separation agreement does not protect a party from being so charged.

Any behavior on your part which would indicate "inclination" or "opportunity" could be used against you to establish adultery.

If Your spouse's conduct does not warrant your leaving, he or she may be able to sue you for actual desertion.

Therefore, absent physical abuse, it would be wise to consult your lawyer before leaving home.

There is a difference, however, between consenting and giving in to something you cannot avoid.