When a marriage cannot be saved, divorce is inevitable. Although you may be eager to begin the next chapter of your life, openly dating before your divorce is final can potentially lengthen the legal process and impact the outcome of your case. While it’s not illegal to date during a divorce, it’s best to avoid it to protect your interests. Please continue reading to learn the implications of dating during a divorce in New York and why connecting with a trusted Garden City Divorce Lawyer is in your best interest.
Can You Date While Getting a Divorce?
When a relationship ends, some individuals swear off dating, while others seek comfort in a new partner. However, if you choose to date during your divorce, it’s crucial to be aware of the potential complications. This is especially important if allegations of adultery play a role in your divorce. Adultery is considered a fault ground in which one spouse will need to present evidence for dissolving the marriage including suspected dates and places of the alleged extramarital affair. Actively dating can impact your case as your former spouse may claim that the relationship started before filing for divorce. If your actions with your new partner fall under adultery, your former spouse may decide to file a fault-based divorce, which will result in a more time-consuming and expensive legal process.
In addition, dating while you are still technically married could lead to an unfavorable distribution of assets. Your former spouse may argue that you have been wasting assets. For instance, if you spend large amounts of money from a marital account or if you are using money that would otherwise be used to support joint expenses for your children, it could impact property division. New York is an equitable distribution state, meaning the court will divide marital property in a fair manner, not necessarily equally.
Will it Affect Child Custody Decisions?
If you introduce your children prematurely or in a manner that is not in their best interest, it could impact your parenting time. The court aims to ensure the child’s happiness, security, mental health, and emotional development. The court will consider the child’s best interest when making custody and visitation decisions. Dating during your divorce can harm your relationship with your children as they may have a difficult time adapting to this change. It can also make co-parenting much more challenging. If you cohabitate with your new partner, the judge may deem support not necessary or decrease the amount you are entitled to receive as you are sharing living expenses.
As you can see, dating during your divorce is not wise as it can lead to unfavorable divorce terms. If you are facing a divorce, please don’t hesitate to consult an experienced lawyer from the Law Offices of Eyal Talassazan. P.C., who can protect your interests. Connect with our dedicated legal team today to learn how we can fight for you.
