QUESTION
Is it okay to date if you have separated from your wife and have filed for a divorce?
Asked on Jul 04th, 2013 on Divorce - Michigan
More details to this question:
If a man has moved out (separated) from his wife and has filed the paper work for a divorce, is it okay for him to start to date again? Will dating hurt him in the divorce if he does?
6 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can date anytime. It may be a problem of adultery in either situation, but in today's society, it probably won't amount to much. Are there children? Depending on whom you date, it could have an effect on custody.
Answered on Jul 05th, 2013 at 5:30 PM
Yes. Dating is not considered in divorce proceedings unless the person you date is detrimental and is around your children.
Answered on Jul 05th, 2013 at 4:27 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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The safe and cautious approach is not to date while still married, even though you are in the middle of the divorce action. Some judges consider the marriage over once the divorce action has been filed, and they will not see anything as some kind of violation of marriage vows. However, one who dates while married is still being unfaithful to one's spouse, even though that marriage is falling apart. Some judges would see anything during the divorce action as infidelity and evidence of poor moral character. That can have deleterious effects on other aspects of your divorce, such as the amount and size of the alimony award, the child custody award, division of marital assets of responsibility for death, etc. In case it wasn't already obvious, having sexual relations with someone other than your spouse during the divorce action, is just plain stupid and irresponsible. Your opening a Pandora's box of potential problems by carrying on an extramarital affair during a divorce action. Bottom line: err on the side of caution and do not date (and certainly do not engage in adulterous affairs) until your marriage is dissolved. Bonus: if you are married but want to remarry someone else, you can, during the pendency of the divorce action, ask the court to "bifurcate" the divorce action. This means that you can ask the court to dissolve the marriage immediately, and reserve all other issues in the divorce action (such as child custody, vision the marital assets, division of responsibility for debts, etc.) for decision at a later time.
Answered on Jul 05th, 2013 at 11:36 AM
It's ok to date and the court will not care. But it could make it much more difficult to have meaningful settlement negotiations with your spouse.
Answered on Jul 05th, 2013 at 10:58 AM
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If you have children, it is generally unwise to start dating immediately. However, unless you are using marital funds to lavish gifts or trips on the new girlfriend, or introducing your children to a revolving door of women, most judges in Nebraska are uninterested in how quickly you started dating again. From a non-legal, practical standpoint, however, immediately diving into dating often causes the other party, the scorned soon-to-be-ex wife, to be hurt and angry and out for revenge. This is why I counsel my clients not to date until the divorce is finalized. Both sides need some time to adjust to the new dynamic.
Answered on Jul 05th, 2013 at 10:58 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Probably not in Michigan where divorce is a no fault However its always best to wait.
Answered on Jul 05th, 2013 at 10:57 AM