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Dating and Divorce

It's surprising that some people do not think that there are problems that can come out of dating during a pending divorce.  Most people do not bother to seek legal advice on the issue until after the damage is done.  On on hand, the legal consequences of dating while a divorce is pending may be minimal, there are some consequences that can make the process more difficult for you and others around you.


Adultery is a bar to alimony and is relevant as a factor in an award of alimony or the division of property only if it is the cause of the dissolution of the marriage or the reason there is no hope of reconciliation.  To that end, adultery after separation is not admissible on the trial of divorce.  However there are other complications that can come from the new relationship.   A court can take into consideration post separation cohabitation as a basis to deny an award of alimony.  Also, new relationships are relevant with regard to child custody.  


Courts do not approve of exposing children to new relationships before the current relationship ends.  Also, the number of relationships the children are exposed to is a consideration as well as the children's feelings regarding the new relationship.   Children seem to deal better with their fathers moving on to a new relationship more than they approve of their mothers starting anew.


Most importantly, a new relationship can serve to throw the proverbial gasoline on the fire while the divorce is pending.  On one hand, the old spouse may resent the new relationship, taking a much harder line on negotiations, settlement.  On the other hand, the new relationship may advocate become an advocate in the divorce, trying to stake a greater claim on the assets.  Either way, the resentment and hostilities as well as the legal fees, grow exponentially.


Be up front with your lawyer about any new relationships since you separated.  By being transparent with your lawyer, your lawyer can give you the best legal advice on how to deal with bringing a new person into your life.


Author; Eric Ballinger

About the Author

Eric Ballinger

Eric Ballinger

Eric Ballinger is a highly experienced trial litigator of over 20 years.  He recieved his J.D. from John Marshall Law School, magna cum laude, and a Masters of Law in Litigation from Atlanta Law School. 

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