Legal Question in Family Law in Virginia

Had sex after Divorce papers were filed

My soon to be ex and I had sexual relations after he had filed for divorce. Our divorce decree is on file also in the court house. However a court date has not been assigned. What does this do to that paperwork? Does the paperwork have to be done all over, again? We have two children.


Asked on 10/13/06, 11:12 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Had sex after Divorce papers were filed

If either you or your "soon to be ex" has an attorney, you would be well advised to ask him or her. (If at any time at some future hearing either your or your spouse will be required to testify in court under oath as to the truth of certain matters alleged in the divorce papers, your brief encounter could be a problem that might require that you start the divorce all over again.)

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Answered on 10/14/06, 12:50 pm
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Had sex after Divorce papers were filed

I agree that you should inform your attorney but in my view one roll in the hay does not constitute "cohabitation". Cohabitation is holding yourself out to be continuing your marriage, doing the traditional things married people do like live together, take out loans, etc.

I wouldn't think it changes a thing, but I would advise not to do it again.

Good luck.

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Answered on 10/15/06, 4:55 pm


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