While dating doesn’t legally affect divorce proceedings or custody arrangements, it’s important to be aware of how it might be perceived by the court if any issues of misconduct arise. Please continue reading as we explore how dating can affect the outcome of your divorce and the importance of working with our Monmouth County Divorce & Separation Attorneys during this difficult time.
How Does Dating Affect Divorce?
Engaging in a romantic relationship during a divorce can significantly escalate the already heightened tensions between spouses. The introduction of a new partner can lead to a breakdown in communication and a more adversarial approach to negotiations. This can result in protracted legal battlers and a greater likelihood of disputes over issues such as child custody, property division, and spousal support.
If your divorce involves children, the court will prioritize their best interests when deciding on custody and visitation. The court will assess whether the new relationship negatively impacts the children, potentially leading to concerns about safety, stability, or emotional distress. If your ex’s new romantic partner has a criminal history, substance abuse issues, or is otherwise deemed a threat to your children’s well-being, this could affect the court’s decision regarding parenting time. It’s important to note that cohabitating with someone who is a stranger to the child before the divorce has become final could affect the judge’s best interests assessment.
Is Dating Considered Adultery?
You should note that New Jersey allows for both no-fault and fault-based divorces. As such, the timing of the new relationship could come into question during your divorce. If there are claims of adultery, you may point to their current relationship to support those accusations.
When it comes to spousal support, if you can prove that marital funds were spent on a new partner, this could be seen as a dissipation of marital assets. A new relationship that involves cohabitation can also raise questions about the need for this type of financial support, as the recipient’s need may appear reduced. Dating can also influence property division. If marital funds were spent on a new relationship it could lead to a less favorable property divisions for the party who engaged in such spending. New Jersey is an equitable distribution state, meaning thy will aim for a fair division of property. Dating can raise concerns about fairness, particularly if it appears to be a deliberate attempt to deplete marital funds.
While the desire to find companionship during a difficult time is understandable, it’s crucial to consider the potential consequences of dating during a divorce. It’s advisable to consult with an experienced divorce attorney from Paone Zaleski & Murphy, who can help you understand how your specific situation might be affected and to ensure you are making decisions that are in your best interest during these difficult times. Connect with our firm today for guidance and skilled representation.
