Dating while going through a divorce can have a number of negative effects on the divorce proceedings, both in court and emotionally.
Additionally, while every state is now a no-fault divorce state, marital misconduct can still be considered in some situations.
Ryan and Sally came in for counseling because Sally caught Ryan in an adulterous relationship.
She was hurt and angry and the most important thing in the moment was to care for her soul.
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.
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.
Dating before a divorce is final is one of the typical issues that causes heightened conflict during a divorce.
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.
The cheating spouse and the third party do not necessarily even have to have a sexual relationship – in some places, a family member who convinces one spouse to leave the other might be liable for alienation of affection (though this is very uncommon).
Another, even less common, suit is one for "criminal conversation." In a criminal conversation suit, the wronged spouse again sues, but for the suit to proceed there must have been a sexual relationship.
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.