Dating someone while they going through divorce

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Recently in our Newtown, PA office, we had a couple who came in on a fairly amicable and trusting basis.When one of the parties began dating and the other party found out, the dynamics changed for the worse and every step was more difficult for all concerned.Under General Statute 50-16.2A, amongst the factors a judge can consider in granting support is any martial misconduct by the parties.Marital misconduct can include abandonment and “illicit sexual behavior.” A former spouse could use evidence of your relationship, similar to the “alienation of affection” and “criminal conversion” claims, to argue that you are at fault for ending the marriage and deserve less financial support.Under North Carolina General Statute 50-6, a couple must be separated for one year before a divorce is final.Even though separated, you are still technically married until the court enters the order granting the divorce.

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.This action has a three year statute of limitations and doesn’t require sexual relations, unlike an action for “criminal conversation”.The good news, however, is that both of these actions have defenses that can be raised in court.I now counsel my clients in this situation who are thinking of dating to consider only going out to hobby and singles events to have fun, to look for dates.It’s a good time to practice talking to the opposite sex again and getting comfortable meeting new people, especially if it’s been decades since they dated before their marriage.

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