Cohabitation after knowledge of adultery in Virginia

If I understood my attorney correctly, in Virginia you must wait the twelve month period regardless of the "type" of divorce you are seeking (no-fault, adultery, etc) if there are children involved. If there are no kids, it is a six month period. Also, you do not have to push the adultery issue if you do not want to - you can still file as a no-fault.
Hope thats helps.  

hi e. VA girl . divorce was granted on the grounds of ADULTERY.the rules are you must not have sex with your wife.if during the separation and before your divorce is final,you have marital relations(sex)the court will recognize that as a reconciliation.the FAULT divorce reason is no longer valid.if you want the divorce granted on adultery do not have sex with her or anyone else.she may try to have sex with you to invalidate the FAULT.my atty said this happens all the time.if you date and have sex with another person during your separation,this MAY also be considered adultery since you are still legally married.ask your atty before you date.   

Thanks again Vicki, Unfortunately I believe that she is continuing the affair now that we are separated so I 'm nout sure that reconciliation is realistic. I just want to know if a quick Fault Divorce is even an option, I won't pursue it until there is no hope left for a reconciliation.

i totally understand, but it seems to me that if you want to reconcile, you would be happy for the 12 month wait. it could be just what you need for everyone to calm down, go to therapy, take a break and really think this thing out.

Main difference to me is that I see a divorce being a painful process for all involved (including 3 young children) whether it is now or in 12 months time. If it has to be done, I would prefer to get it over and done with rather than drag it out. I need to get rapid closure so that I can get on with my life and, possibly, move back home to my family in Ireland. So it is important for me to know if I can file for a fault divorce. I am still hoping that we can reconcile because I still believe that a reconciliation is best for all but it takes two to reconcile.....

i think you are right here. but i have to ask, if you know you want a divorce, does it really matter if you have to wait the 12 months? i know you are angry right now, and should be, but what differnce does it make

Oh, forgot to mention. This lasted for ~ 7 weeks after I found out about the affair and then we separated about 3 weeks ago.

Thanks Vicki. I checked the glossary and the 'living together' definition of cohabitation is a bit vague. I would argue that living together as we did, with no physical relationship and her continuing affair cannot be considered a resumption of 'normal marital cohabitation'. Fault makes a big difference in Virginia - Fault Divorces do not require the 12 month separation period prior to filing. Resumption of a 'normal marital relation' after knowledge of an adulterous act assumes condonation and therefore precludes the use of that act as grounds for a fault divorce. I'm just not sure what constitutes a 'normal marital relationship'

I just checked in the Glossary in the white Info Center box. I found some info for you there. Did you check there yet? I don't know the laws in your state, but how long have you been living like this? And will "fault" make a big difference in your divorce case?