QUESTION
How many years of separation from a marriage justifies dating?
Asked on Dec 24th, 2012 on Divorce - Florida
More details to this question:
My husband left my daughter and I four years ago and feels he is justified to date and feels no judge would care about his dating because of the years apart. He began dating online before he left my daughter and I. How should this be handled?
13 ANSWERS
Divorce Attorney serving Southfield, MI
at
Do It Yourself Divorce, PLLC
Update Your Profile
Michigan law allows for a divorce if the objects of matrimony have been severed and there remains no reasonable likelihood that the parties can no longer live together as man and wife. Please consult a family law attorney to determine your rights and obligations.
Answered on Jan 02nd, 2013 at 2:25 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
In Idaho, I doubt that a judge would give much credence to an adultery claim in a divorce action at this point. You really need to sit down with an attorney and give him or her all of the details to know what your options are.
Answered on Dec 26th, 2012 at 11:33 AM
Divorce Attorney serving Manhattan, KS
at
Charles W. (Chuck) Harper, LLC(serving Manhattan, Ft. Riley and Junction City & area)
Update Your Profile
You are married, period. Get single and then date.
Answered on Dec 26th, 2012 at 10:10 AM
Family Law Attorney serving Newbury Park, CA
at
Tristan Tegroen, Attorneys at Law
Update Your Profile
In all honesty, some date while married. It is not illegal to have partners or lovers while dating. However, although legal, religious, moral and ethical values differ vastly. You should be divorced though before you remarry. Bigamy is not legal. If you have been separated for years, your new partner might still have reservations if you are legally in another relationship. You should reassess where you are going and what you want to be legally tied to. Merry Christmas.
Answered on Dec 26th, 2012 at 5:22 AM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
His dating is entirely irrelevant to any likely issue in a divorce. Wisconsin divorce is 'no-fault.' If you have been separated this long, and he is dating, it might be time for you also to start your new life but concluding a divorce.
Answered on Dec 26th, 2012 at 5:20 AM
Bankruptcy Attorney serving North Olmsted, OH
at
James F. Lentz Attorney & Counselor at Law
Update Your Profile
Maybe its time for a divorce? What in the world are you waiting for? What the judges will care about is the fact that he is using marital assets to date. The judges will also care about the fact that you and he have been married for over three years. That means your husband may be liable for spousal support. And if none is assigned yet, the judges will care whether your daughter is receiving child support. Please contact a local family law attorney today to find out how to stand up for your rights.
Answered on Dec 24th, 2012 at 6:45 PM
Family Law Attorney serving Petaluma, CA
at
Law Office of Erin Farley
Update Your Profile
So long as the child is not being harmed, the judge will not care about either party's dating. Your best bet is to move on.
Answered on Dec 24th, 2012 at 2:43 PM
California is a no fault divorce state. That means that your husband's personal life is not relevant to dealing with the issues of a divorce. Those issues are: child and spousal support, attorney fee payment and distribution of assets and debts in addition to returning both spouses to the status of unmarried people. Even though your husband began dating even while he was still living with you, the courts will not consider that conduct in finalizing your divorce.
Answered on Dec 24th, 2012 at 2:25 PM
Business/ Commercial Attorney serving Seattle, WA
at
Wolfstone, Panchot & Bloch, P.S., Inc.
Update Your Profile
Dating during separation is a moral question, and not a legal question. The court would not consider this dating conduct in making its decisions.
Answered on Dec 24th, 2012 at 2:24 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
I suspect that after four years of separation there will be little relevance in the continued separation or divorce that he is dating.
Answered on Dec 24th, 2012 at 2:09 PM
I hate to say it but dating after separation plays little part in the decision a court makes in a divorce. As long as the children are safe and he is not doing anything that is morally objectionable in front of the children the court will not care. If he is spending marital funds on another woman that is a different matter and it could come into play in any equitable distribution issue. The court will try and do what is in the best interest of the child.
Answered on Dec 24th, 2012 at 1:58 PM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
The Court does not care about dating. Infidelity is irrelevant for divorce purposes.
Answered on Dec 24th, 2012 at 1:58 PM
Family Law Attorney serving West Bloomfield, MI
at
Law Offices of Eugene Lumberg and Eric S. Lumberg
Update Your Profile
Whether he is dating or not, you are still married and any divorce action would take that fact into consideration. This fact may affect any support or other property issues if he is spending marital funds on this dating. Consult with an attorney to discuss this issue further and determine how best to proceed.
Answered on Dec 24th, 2012 at 1:58 PM