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.By Tracy Achen If you are thinking about dating during divorce ... You may think that you are free to start a new relationship once the decision is made to separate or divorce.But it is wise to hold off on the dating scene until after your divorce is finalized for a number of strategic, legal, and emotional reasons.He may try to even the score by fighting about custody of the children or how to split the marital estate.If you have children, then you also need to realize that it's in your best interest to try to keep a cordial relationship with your husband.Dating while going through a divorce can have a number of negative effects on the divorce proceedings, both in court and emotionally.
All he will focus on is that he has been wronged and will want to seek justice anyway he can.There is no distinction between platonic contacts and ones that are romantic or sexual, although from a practical standpoint, the romantic/sexual relationships are the ones that draw scrutiny and cause complications.The reason divorce lawyers counsel against dating while the divorce is pending, even if separated, is that it has the potential to increase both the cost and the stress of the divorce trial. Judges, however, rarely punish someone who begins dating – sexually or otherwise – once they have physically separated from their spouse.Dating and custody often do not mix and this can be an issue in a custody case, so it is important that you really talk to your attorney about this. What about where the children are not going to be involved? My attitude is one of allowing dating if it is not going to impact upon the children.In addition, it should not impact upon the divorce and should be done discreetly.Divorcing clients are often lonely and stressed out, and they may be longing to meet someone new, feel desirable again, and just have fun.So, many clients decide that just one date can’t hurt.Even so, the presence of someone new, particularly when paraded in front of the spouse and/or children, can enrage the soon-to-be ex, and also create the suspicion that the relationship began as an “affair” before the separation.The innocent new friend can be deposed by the other side’s lawyer (that is, asked questions that are taken under oath and recorded by a stenographer or even videotaped) and subpoenaed to testify at trial.Believe me, he will likely react to the fact that you are dating by making your life hell during the divorce process.He may seek revenge to compensate for the anger, hurt, and embarrassment that he feels you have caused him.