Dating while going through a divorce
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.
A divorce and the prospect of a new partner replacing them is often too much for a spouse to cope with, and may cause disagreements and unwillingness to come to a compromise with regard to custody arrangements.
When left up to the court, the judge will make a determination as to which parent should have primary physical and legal custody based on the best interests of the children, and if there is a real or perceived discomfort with the new parter experienced by the children, it is very likely to effect the amount of time each parent and particularly the dating parent is awarded.
Also, the relationship have begun prior to the married couple's separation.
Though alienation of affection and criminal conversation suits are not very common, they do exist.
Some states have laws stating that a spouse cohabitating with a parter of the opposite sex is presumed to have a decreased need for spousal support.
This is especially true if the dating spouse begins cohabitating with their new partner during the divorce process.
Dating during divorce can have legal consequences both for the divorcing spouse and their new partner.
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.
That's why it's so important to speak to your lawyer if you plan to or have already begun a relationship during your separation.
Dating during separation may not be a big deal, depending on where you live, but it is best if you wait until your divorce is finalized.