First, if you don’t have a fault basis for your complaint (adultery, cruelty, desertion, constructive desertion, etc.), then your separation date will determine when you can file for divorce.In Virginia, you must wait one year to file if you have children and/or in the absence of a marital settlement agreement, but you can file after only six months with no children and a marital settlement agreement in place.In North Carolina, the separation of a married couple takes place when they move into separate residences with the intent of living separate and apart.
The couple has given up the right to have sexual relations with each other. The answer may depend on how platonic the relationship will be.
But neither has the legal right to remarry until they receive a final divorce, and if either has sexual relations with another person, that is adultery. If you and he have voluntary sexual intercourse, that is a fault ground for divorce, and his wife may choose to use it.
The definition of adultery in state law requires some intercourse between a male and female, which leaves the question open whether a spouse could sue for divorce if one of the separated partners engaged in intercourse with a same-sex partner.
Adultery with an opposite-sex partner means husband and wife will not have to wait to obtain a divorce. Legally Separated's wife pleads and proves adultery, divorce can be granted immediately.
Scenario Three If you are engaged in a hotly contested negotiation or litigation with your separated spouse over child custody, child support, alimony, or property division, and you have only been separated say, less than six months, then it is not in your best interests to begin a dating relationship with another person.