So, once you have established a separate residence with the intention of ending your marriage, there is no need to wait until the Court has granted you an Absolute Divorce to go out on the town with someone new.If you find yourself facing a complicated family law matter, we recommend that you contact an experienced family law attorney to help guide you through the often confusing and difficult process. Please contact our Family Law Team at Dozier Miller Law Group today.Dating while going through a divorce can have a number of negative effects on the divorce proceedings, both in court and emotionally.Additionally, while every state is now a no-fault divorce state, marital misconduct can still be considered in some situations.If infidelity/adultery — an intimate relationship with someone other than your spouse prior to separating — is an issue, then continuing a relationship with that same person after the separation can be used as evidence to prove adultery. Proof of adultery may affect alimony and child custody.If you are in that situation, your legal situation becomes more complicated and discussing the specifics with your lawyer is important.
Dating while separated can hold up and complicate the divorce proceedings, can effect custody and visitation decisions, and rarely but possibly, depending on the state, may be grounds for a lawsuit.
Marital misconduct can encompass a wide variety of actions, including adultery and cruelty.
During the proceedings, the fact that a dating spouse is already separated will be noted, but that does not necessarily mean the circumstances of the new relationship will not be considered.
In addition, in some states the new relationship may be considered in the division of property or alimony determinations, so the dating spouse may not get as much as they want out of the divorce depending on the new partner's financial circumstances.
This is especially true if the dating spouse begins cohabitating with their new partner during the divorce process.