An interesting issue is, Can I date while going through a divorce? The legal complications in this are for both a divorcing spouse & their new partner. Dating while divorce may hold back and complicate the divorce proceedings, may affect custody and visitation orders, and may occasionally but possibly be grounds for a lawsuit depending on the state.
Effects on Divorce:
Dating during a divorce can have several adverse effects in court during divorce proceedings & can also affect emotionally. It is true that the court takes into consideration that the partner who is dating is already separated during the trials, but that does not mean that the new relationship will not be taken into account. Also, as judges will also consider the financial circumstances of your new partner, you can’t even claim a division of property or alimony as much as you want out of the divorce.
Effect on Child Custody:
Dating during the divorce process can also impact on your determinations of child custody. Seeing parent dating the new partner is hard for kids, particularly elderly kids, and that can cause them discomfort at such a level that they can decide to choose the residence with the other parent.
Although it is up to the courts to determine which parent should have main physical and legal custody based on actual interests of the kids and if there is actual or potential discomfort with the new partner experienced by the kids it is very likely to affect the amount of time each parent and especially the dating parent is granted.
Risk of Criminal Case:
Even though your spouse can not criminally accuse you of dating before divorce is completed, it has many financial and custody consequences. The Adultery Law states that a woman is not allowed to file a complaint against an adulterous husband, but he can be considered a seducer and could be sent to jail for up to five years, paid a fine or both.
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