Dating before the divorce is final
When successful, they result in monetary damages paid to the injured spouse.Speak with your attorney if you’ve met someone and want to begin dating before your divorce is final.Even then, you might want to give your kids time to adjust to the reality of your divorce first.Until 1967, adultery was the only grounds for divorce recognized by New York.However, if your spouse learns about it, she can amend her complaint for divorce from whatever grounds on which she filed to an allegation of adultery. In some states, it can influence a judge’s ruling on property division or spousal support.If neither of you has filed for divorce yet, you’re even more vulnerable.You may end up seeing your children less post-divorce because of your actions, if your spouse receives primary custody.
However, if you haven’t officially begun your divorce proceedings, anyone you get involved with might be vulnerable to one of these claims.
Your spouse can potentially make a case that you began a new relationship before you decided to divorce, while you were still happily married.
If your spouse names the person you’re dating in her initial or amended complaint, it legally involves that individual in your divorce lawsuit. Dating before your divorce is final and before a court decides custody issues can also affect your relationship with your children.
Generally, adultery would have to be a criminal offense in your jurisdiction for your Fifth Amendment right to apply.
Alternatively, you might simply decide not to deny your spouse’s adultery grounds when you file an answer to her complaint.