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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 could affect what was previously an amicable separation leading towards settlement.
In addition, post-separation dating could be used as evidence of adultery during the time you lived together as husband and wife if your wife could prove or suggest that this new relationship is actually a continuance of a relationship you began prior to the separation.
For example, the judge might disapprove of the dating spouse's behavior and develop a bias against them.
While such a bias is ostensibly unacceptable in the U. legal system, judges are human and biases are natural and even probable in some instances.
In that case, she could re-file or amend her pleadings to proceed on adultery grounds, which could affect everything from property settlement to alimony.
This could also affect your new dating interests in states that allow civil suits against “people who interfere with a marriage.” However, if the people you begin dating are genuinely new romantic interests that began after the date of separation, and there is ample proof that the separation was permanent and final, then it is unlikely your wife would be able to prove the new relationship led to the breakdown of the marriage, as the marriage was broken prior to the new relationship beginning. Brucks received her Bachelors degrees in English and Political Science from the University of Texas at Arlington.
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.
Although many courts don't take children's wishes into consideration, some will, especially under the circumstance where a child is uncomfortable with a parent's new partner.
When one spouse is dating, the other spouse is likely to be resistant to shared custody agreements as well.
It would be beneficial to consult an attorney licensed in your state to see if a clause confirming and acknowledging that no extra-marital affairs contributed to the decision to separate could be inserted into a separation agreement and upheld in court. She received her Masters in Literature and Gender Studies from Texas State University, San Marcos; and received her Juris Doctor from Southern Methodists University, Dallas.Tags: Adult Dating, affair dating, sex dating