Legal separation can mean different things in different states, so it should come as no surprise that the laws regarding dating after legal separation are also somewhat inconsistent.To further complicate matters, the Uniform Code of Military Justice has its own laws regarding adultery among members of the United States military.Strategic reasons not to date before divorce Emotions are raw during a divorce.
The best advice that you would get from your Raleigh divorce lawyer is simple—don’t do it.
Dating can have both personal and legal consequences that can be harmful to your divorce action.
Dating while going through a divorce can have a number of negative effects on the divorce proceedings, both in court and emotionally.
Additionally, while every state is now a no-fault divorce state, marital misconduct can still be considered in some situations.
In addition, in some states the new relationship may be considered in the division of property or alimony determinations, so the dating spouse may not get as much as they want out of the divorce depending on the new partner's financial circumstances.
This is especially true if the dating spouse begins cohabitating with their new partner during the divorce process.Marital misconduct can encompass a wide variety of actions, including adultery and cruelty.During the proceedings, the fact that a dating spouse is already separated will be noted, but that does not necessarily mean the circumstances of the new relationship will not be considered.North Carolina law still permits an action for “alienation of affection” against a third party whom the plaintiff feels is responsible for ending the marriage.Even if you did not begin dating someone until after the date of separation, a suspicious former spouse may see the new boyfriend or girlfriend as the cause of the marriage’s end and bring a court action.Even if your husband has carried on numerous affairs during your marriage, he will not think that you are justified in seeing someone new at this time.