Law dating during separation divorce
The innocent new friend can be deposed by the other side’s lawyer (that is, asked questions that are taken under oath and recorded by a stenographer or even videotaped) and subpoenaed to testify at trial.The purpose is to determine exactly when the relationship began, whether it is sexual, whether any marital property has been transferred to the new friend, such as by gift, how much money was spent on dating this person, and whether the spouse has said anything that could be used against him or her at trial.At this time, questions may arise as to whether it is legitimate to date during separation or if dating must wait until after the divorce is official. The simple answer to this is: it depends on the circumstances.But generally, dating during separation is not adultery. In Pennsylvania, divorce is not complete until after the divorce decree has been given by the Court of Common Pleas.An uncontested divorce where you and your spouse reach a settlement takes less time to complete than one where the court is forced to decide financial and custody issues.As a general rule, dating while a divorce is pending should not affect your custody or parenting rights.
Before you decide to begin dating during a divorce, you should arrange for a consultation with an Ontario family lawyer.
The reason divorce lawyers counsel against dating while the divorce is pending, even if separated, is that it has the potential to increase both the cost and the stress of the divorce trial. Judges, however, rarely punish someone who begins dating – sexually or otherwise – once they have physically separated from their spouse.
Even so, the presence of someone new, particularly when paraded in front of the spouse and/or children, can enrage the soon-to-be ex, and also create the suspicion that the relationship began as an “affair” before the separation.
Adultery is one of the fault grounds for obtaining a divorce in Ontario.
Dating while you are still married could cause your spouse to suspect it is a romantic relationship that began before the divorce action was commenced.