bluetangent.org/i-believe-in-you-words.php Although you might think your marriage is over when you and your spouse decide to divorce, it is not over in the eyes of the law until the final divorce decree has been signed by the judge.
A divorce can be an emotionally tumultuous experience, and once you have decided in your mind that you no longer wish to be married to your spouse, you may think that it is a good time to begin the search for a new partner, or maybe for a bit of companionship. However, given that Tennessee is a state where marital fault is still a factor, dating another person and having sexual relations with another person while you are still married can be considered inappropriate marital conduct.
A divorce can be an emotionally tumultuous experience, and once you have decided in your mind that you no longer wish to be married to your spouse, you may think that it is a good time to begin the search for a new partner, or maybe for a bit of companionship. The firm practices divorce and family law only representing clients living in Memphis, Germantown, Collierville, Bartlett, Eads, Shelby Co. Dating while separated matters because, to obtain a divorce in Tennessee, the spouse who files the complaint must allege grounds for the court to dissolve the marriage. Many people fall under the false-impression that merely dating or keeping company with someone is acceptable because his or her spouse will be hard-pressed to prove that actual sex has taken place; he or she is wrong. Any perceived benefits to dating while separated, when compared with the actual detriments, make dating a poor choice during Tennessee divorce.
Any good family law attorney would advise you to wait until the divorce is final before you start up a new relationship especially if you have children with your soon-to-be former spouse. Divorce can be a challenging ordeal for the two adults involved, but when you factor your children into the equation, dating another person while you are still married sets a poor example for the children, and it can cause them additional undue stress at an already difficult time of adjustment for them.
If your spouse believes that the relationship started before the divorce was initiated, the relationship will likely be used against you when it comes to the division of the marital assets and the awarding of spousal support. It is also likely to increase the level of conflict between the two of you, which will in turn cost you more in legal fees.
If the court thinks that the extramarital relationship has been going on before the divorce proceedings, the amount of money that the unfaithful spouse has been spending on their new relationship as a dissipation of marital assets. That attractive man or woman you have always wanted to talk to happens to be in line with you at the coffee shop. One thing leads to another and…BOOM, you are now seeing each other and dating. An emotional affair, while not technically adultery, can still be considered inappropriate marital conduct, the catch-all fault ground for divorce in our state.
Many people fall under the false-impression that merely dating or keeping company with someone is acceptable because his or her spouse will be hard-pressed to prove that actual sex has taken place; he or she is wrong. In this state it has long been held that it is unnecessary to have direct evidence of illicit intercourse and that adultery can be proven rather by a mere preponderance of circumstantial evidence. Seems harmless, this dating thing.
I mean you and your spouse are clearly done. You and your spouse have amicably been working out the small details and are very close to an agreement for the majority of the issues you must show the Court.
You have calm, kind, personable communications regarding the children if any or the house, etc…. The judge, however, will look at this decision of yours to jump so quickly back into the world of dating very closely. In certain situations, infidelity can be a factor in determining the amount of alimony the non-offending spouse pays to the spouse who was unfaithful.
Additionally, when a parent lives with someone else and shares expenses, the court could theoretically use that fact as a basis to set the child support obligation higher when the obligor is living with someone or lower when the child support recipient is living with someone as an upward or downward deviation from the presumptive amount.
In conclusion, if you are going through a divorce and have a question whether or not you should begin dating, take heed that there may be serious repercussions in doing so.