If my wife begins a relationship after filing for divorce, can it be held against her during court proceedings?

Asked on September 7, 2012 under Family Law, Michigan


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally speaking, the filing of the divorce proceeding is the "date certain" that the courts can look to as the "beginning of the end" in a marriage.  And so it is also the date certain that the courts can rely on when deciding what is and is not a marital asset.  Now, in Michigan the courts can look to the cause of the divorce including the conduct of the parties as a factor in property distribution.  But here you indicate that the relationship began after filing so it would nit be a direct cause of the marital decay.  Check with your lawyer to be sure but I am leaning toward a "no" here.  Good luck.

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