While it’s understandable to want to move on and start dating again after a marriage ends, it’s important to proceed with caution. Openly dating before your divorce is finalized can have negative consequences. Please continue reading as we explore how dating can negatively impact the outcome of a divorce case in New York and how a dedicated Suffolk County Divorce Attorney can assist you in navigating these difficult times.
Is Dating During Divorce Considered Adultery?
First and foremost, adultery is often defined as voluntary sexual intercourse between a married individual and someone other than that person’s spouse. In New York, it’s important to understand that dating during a divorce is typically not considered adultery. Judges often don’t care if a spouse has engaged in a new relationship while their divorce is pending.
In some cases, a new partner may be subpoenaed and their testimony can be used to determine when the relationship began, if it’s sexual, if any marital property was transferred to the new partner, how much money was spent on dating, and if your spouse has said anything to their new partner that could be used against them in the divorce. Even if the relationship is innocent, dating during divorce adds stress and can make the process more expensive, time-consuming, and overall complicated.
You can file for divorce in New York on fault grounds, including if your spouse committed adultery. As such, if the relationship constitutes adultery, you can cite this ground. However, you will need to provide evidence that proves your spouse’s misconduct.
How Can a New Relationship Negatively Impact My Divorce?
Nevertheless, even though dating during a divorce is not technically considered adultery, it can still complicate matters. It’s advisable to refrain from dating until the divorce is finalized, as it could potentially impact issues like property division, child custody, or spousal support if one party can prove that the other engaged in an extramarital affair during their legal separation. Keep in mind that spouses are still considered married until the court grants them a final divorce decree, even if they have lived apart for a substantial amount of time.
If your soon-to-be-ex spouse introduces a new partner, it can create conflict, which could potentially prolong the divorce and increase costs. It can also jeopardize the well-being of your children, which could impact your parenting time positions. In extreme cases, a new relationship could lead to a situation in which your parenting time is restricted, as the court’s priority is ensuring the child’s best interests are met.
Proving that your spouse has spent significant amounts of money on a new partner could also result in you receiving a larger share of marital assets. This is because such spending can be considered wasteful and impact the distribution of assets. Finally, dating can impact your spousal support award. If you cohabitate, meaning you live with your partner and share expenses, it could lessen the amount of child support you reciveve.
At The Law Offices of Susan A. Kassel, P.C., we are prepared to help you navigate these tough times. Connect with our firm today to learn how we can help protect your rights and interests.
