IfI am dating another person will that hurt my divorce case?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
IfI am dating another person will that hurt my divorce case?
I am filing for divorce in a few months because my cash is limited right now. I am spending time with another person. My spouse and I have only been married for just a little over a year.
Asked on July 13, 2011 under Family Law, Arkansas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Dating after separation but before filing for divorce is not advised. This constitutes adultery and in some states adultery is grounds for divorce. Adultery can sometimes affect the division of assets or whether or not alimony is awarded (or at least how much is awarded) and custody matters. On the other hand, as a general rule once a divorce is filed, there is no issue as to adultery. The filing is deemed a "date certain" that the marriage is in the process of being dissolved. Therefore the court will assume that at the point the filing meant that as far as the parties were concerned the marriage was really over and the they were moving on their separate ways.
Note: From a practical standpoint, dating at this point in time can make settlement negotiations more complicated and adversarial.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.