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Such decree shall operate upon property thereafter acquired, and upon the personal rights and legal capacities of the parties, as a decree for a divorce from the bond of matrimony, except that neither party shall marry again during the life of the other.
In any case where a decree of divorce from bed and board has been granted, and the court shall determine that one year has elapsed since the event which gave rise to such divorce or, in any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, that six months has elapsed since such event, and the parties have been separated without interruption since such divorce was granted and no reconciliation is probable, it may merge such decree into a decree for divorce from the bond of matrimony upon application of either party.
While a legal separation is not the same as divorce, many people choose to date during this time, if they are sure a divorce from their spouse is inevitable.
However, there are a few things to consider when it comes to dating during separation, depending on the laws of the state, and whether the couple has children.
A number of couples use separation, or controlled separation, as a way to see if the marriage can be saved.
What are the requirements for getting a divorce in West Virginia?
Is mediation a requirement before you can get a West Virginia divorce? Find the answers to your West Virginia divorce questions here.