What can happen if I date before my divorce is final?

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What can happen if I date before my divorce is final?

Getting divorced through mediation.

Asked on July 4, 2011 under Family Law, New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Dating after separation but before filing for divorce is not a good idea. In some states adultery is grounds for divorce. However, in your situation you have already filed. And as a general rule, once a divorce is filed, there is no issue as to adultery that can be brought up.  The filing is a "date certain" that the marriage is in the process of being dissolved.  In other words, the court will assume that at the point of filing things were really over and the parties were moving on their separate ways. That having been said, it can make negotiations and settlement a bit more complicated and adversarial if the non-dating spouse takes issue with the other spouse's life as a "single".

Note: Additionally, in NJ the issue of adultery is generally not taken into account in deciding issues such as asset division and and alimony.


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