Dating while legally separated
Doing so can significantly influence the judge and the outcome of the case.
Dating while separated in TN alimony, custody, and property division " data-medium-file="https://memphisdivorce.com/wp-content/uploads/2015/05/tennessee-alimony-and-dating-during-separation-300x300.jpg" data-large-file="https://memphisdivorce.com/wp-content/uploads/2015/05/tennessee-alimony-and-dating-during-separation-1024x1024.jpg" class="wp-image-12148 size-full" src="https://memphisdivorce.com/wp-content/uploads/2015/05/tennessee-alimony-and-dating-during-separation-e1466772682173.jpg" alt="Impact of dating while separated on Tennessee alimony, custody, and property division" width="225" height="150" / Marital misconduct is a consideration for the court in awarding Tennessee alimony.
Sometimes people aren’t looking to date anyone, but stumble into a casual-turned-passionate relationship despite themselves. Just don’t let it happen until after the divorce is final and, even then, be cognizant of the impact a new relationship will have on the children.
The spouses are living separately and apart, for a year or more in some cases, while Tennessee divorce proceedings are ongoing.
Additionally, when one spouse is dating or carrying on an extra-marital affair during the period of separation, it is not a stretch for the court to assume that the same conduct was going on before the separation. The innocent spouse, through her divorce attorney, may allege that the dating spouse was at fault for the breakdown of the marriage.
Proof of current misconduct can be used to establish past behavior, even if it did not happen that way. Do not date or have an extramarital affair while the divorce is ongoing.
Strained relations between former spouses are particularly problematic when they have young children to co-parent under a permanent parenting plan.
The potential for negative consequences is not limited to a former spouse’s hurt, embarrassment, or hostility at being publicly humiliated.
They may search for love to help forget the bad times or just to have fun as they adopt a single lifestyle again.
The evaluator typically provides recommendations to the judge regarding placement of the child with one parent or the other.
The evaluator might recommend decision-making for the non-dating parent along with limited or supervised parenting time for the dating parent, all in the best psychological interests of the child. Talk to your lawyer about any extramarital relationships. Relations with another during separation is still adultery.
Of course, dating does not necessarily lead to sexual relations, but it certainly can and often does.
And dating, even if sex is not a part of it, can still be considered marital misconduct even if it does not rise to the level of adultery per se.