Legal Question in Family Law in Virginia

Until you receive the final order dissolving the marriate, you are still married under the law.

However, in modern America your chance of being "charged" (as in criminally) with adultery is exactly zero.

DURING the divorce proceedings, though, this could be used against yo uin various ways, including perhaps arguing in child custody decisions that your home is not a good environment for a child, etc., etc.

But in terms of the CRIME of adultery, you are not going to be charged with adultery, even if you were not separated waiting divorce.

There are many laws still on the books in Virginia which are effectively over-ruled by many Constitutional precedents of the US Supreme Court. They are still on the books, but they are meaningless in light of precedents such as Lawrence v. Texas.