Dating before divorce final children
Posted Thursday, February 12th, 2015 by Gregory Forman Filed under Alimony/Spousal Support, Child Custody, Divorce and Marriage, Equitable Distribution/Property Division, Law and Culture, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific People coming out of an unhappy marriage are often eager to begin dating.Yet there are risks in dating before one is divorced.Although marital misconduct is not a factor in alimony claims or property division in the state of Colorado, your spouse may seek vengance during the give-and-take negotiations of the divorce process by battling vigorously over how to split the marital estate, or worse, the custody of the children.If you have children, it is especially vital to keep cordial relations with your spouse, as you will ideally still need to be in constant contact during and after the divorce.
Child psychologists do not recommend introducing a new person in the lives of children until they have closure and have accepted the finality of the divorce.
An unreported 2014 Court of Appeals opinion, , reversed an award of permanent alimony in part because the family court incorrectly treated the husband’s post-separation adultery as “fault for the breakup of the marriage.” Post-separation adultery can also be a factor in equitable division. Code § 20-3-620(B) states: In making apportionment, the court must give weight in such proportion as it finds appropriate to all of the following factors … For a client who wishes to date after separating but before divorcing the key is to reduce the risk that the dating does not lead to a credible adultery claim or a claim that this dating was the cause of the breakup of the marriage.
However, unlike with alimony, such post-separation adultery is only a factor in equitable distribution if it occurs prior to the court issuing a temporary order in the case. (2) marital misconduct or fault of either or both parties, whether or not used as a basis for a divorce as such, if the misconduct affects or has affected the economic circumstances of the parties, or contributed to the breakup of the marriage; provided, that no evidence of personal conduct which would otherwise be relevant and material for purposes of this subsection shall be considered with regard to this subsection if such conduct shall have taken place subsequent to the happening of the earliest of: (a) entry of a pendente lite order in a divorce or separate maintenance action; (b) formal signing of a written property or marital settlement agreement; or (c) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties. Ideally such dating should be confined to public places and there should be no public displays of affection beyond friendly hugs.
Your spouse may be hurt, angry, or embarrassed to find you are dating someone new so quickly, especially if they are still clinging emotionally to the marriage.
A new partner on the scene so soon after the divorce process has been initiated may even raise questions as to whether the relationship really began as an affair.