Virginia courts require sexual intercourse to prove adultery.Emotional outpourings are not sufficient to prove adultery.
Perhaps a spouse has been unfaithful or abusive, or maybe two people have simply drifted apart over time.
The couples simply live apart for one year if there are minor children and a valid property settlement agreement.
If there are no children and a valid agreement, then the separation period may be reduced to six months instead of one year.
Marital misconduct can encompass a wide variety of actions, including adultery and cruelty.
During the proceedings, the fact that a dating spouse is already separated will be noted, but that does not necessarily mean the circumstances of the new relationship will not be considered.