I would speak with ana ttorney in your area prior to your starting to date. Do you and your wife have a legal separation agreement? This issue should have been addressed in it if you do. If you do not consider getting one to protect yourself. Virginia law recognizes two types of divorce: divorce from bed and board (a mensa et thoro) and a divorce from the bond of matrimony (a vinculo matrimonii). A divorce from bed and board is a partial or qualified divorce under which a husband and wife are legally separated from each other but are not permitted to remarry. A divorce from the bond of matrimony is a complete and absolute divorce. Any person granted a divorce from bed and board may ask the court to "merge" the decree into a divorce from the bond of matrimony after at least one year has passed from the date the parties originally separated. Custody is awarded in the "best interest of the children." Good luck.
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