A whole subset of risk arises when child custody is an issue. A parent’s immoral behavior is not one of these criteria; however, it can be of some relevance in a custody case. Dating often leads to accusations of adultery, and sometimes dating leads to actual adultery.
“A parent’s morality, while a proper factor for consideration, is limited in its force to what relevancy it has, either directly or indirectly, to the welfare of the child.” , 343 S. Post-separation adultery can be a major factor in alimony and a small factor in property division. Code § 20-3-130(A), “No alimony may be awarded a spouse who commits adultery before the earliest of these two events: (1) the formal signing of a written property or marital settlement agreement or (2) 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.” Post-separation dating by a supported spouse often leads to an adultery claim being made by the supporting spouse, who wants to be free of the potential alimony claim.
During lengthy legal wrangles over the matrimonial money, the wife started a relationship with a former army officer, who was in the Signal Regiment.
She neglected to tell the court about her new man, but the court papers say the liaison was “revealed by virtue of investigations” made by the husband’s legal team.
In a written ruling, Mr Justice Mostyn said dating before divorce was a “fly in the ointment” for family court judges asked to decide how much money husbands should give wives following marriage break-ups.
Both in their 40s, the couple concerned met in 1999 and lived together with an adopted child.
My preference as the attorney is that my clients don’t date until they are divorced (or at least until they have a final order of separate maintenance): a client who doesn’t date is not going to create any dating-related complications in his or her case.
However my clients often want to explore new romantic relationships. However paramour exposure prior to divorce, especially overnight paramour exposure, can be a factor in custody.
After three years, the husband and wife set up a consultancy together and had planned to move to France - but the marriage turned sour in September 2012.
However, if you and your spouse have simply "moved on," and the marriage is clearly over for all intents and purposes, some judges might view the relationship as irrelevant.
A new relationship during the divorce process could cost you monetary support and/or hurt your chances for obtaining the best outcome in a division of the marital property.
One common question a divorce attorney is often asked is whether it is okay for a divorcing couple to date other people during divorce proceedings.
While technically there is nothing wrong with that if both parties agree to it, it is important to understand that doing so can have a negative effect on the divorce.
Although the chances of being charged with adultery are virtually nonexistent, some judges in Texas do not look favorably upon such conduct when they decide the contested issues of your divorce.