The divorce process can feel like a waiting period, especially when you have already emotionally moved on from the marriage. It’s natural to want to explore new relationships at this stage, but you may worry about how this could affect your divorce proceedings. Please continue reading as we explore how dating can negatively impact the outcome of your divorce and why collaborating with an experienced Bristol County Divorce Lawyer is in your best interest.
What is Considered “Dating” During a Divorce?
The legal definition of dating is not consistent, as it can have different meanings for different people. Generally, any social interaction that involves romance or intimacy can constitute dating.
During a divorce case, a judge may need to determine if a relationship constituted dating. Some factors that may be considered include the nature and frequency of interactions, expectations from the relationship, affirmation of the relationship through conduct or statements, and any indication that the relationship was more than platonic. You should note that a dating relationship can exist without physical intimacy and can even be established solely through online interactions, texting, or in the presence of others.
Unlike some states, Massachusetts doesn’t have a formal legal process known as “legal separation.” Instead, couples who want to live apart but remain in the union can file a Complaint for Separate Support. If you and your spouse are planning to separate, it’s advisable to draft a written separation agreement, even if your state doesn’t recognize legal separation. This agreement can address various aspects of your separation, including whether either party is permitted to date other people. This is crucial because judges may consider the terms of your separation agreement when making determinations about grounds for divorce, spousal support, and child custody if you eventually decide to divorce.
What Are the Potential Cons of a New Relationship?
While dating during a divorce is not typically penalized by Massachusetts judges, it’s crucial to weigh the potential legal and personal risks against the benefits. As such, you must carefully consider your circumstances.
When parents begin dating during a divorce, it can be difficult for their children to adjust. If a new relationship could jeopardize the children’s safety, it will be taken into account in child custody cases. The court’s priority is always the best interests of the children.
In addition, dating can impact the division of property. Even if there is no cohabitation, expenses accrued during a relationship can impact whether a party receives a larger share of marital assets. The court could perceive dating while still married as wasting assets and, therefore, warrant reimbursement.
Furthermore, Massachusetts recognizes fault-based divorces, and adultery is a common ground cited. In the event that your actions with a new partner constitute adultery under state laws, the other party may decide to file for a fault-based divorce, which is more expensive and takes longer to finalize than a no-fault divorce.
Although dating during divorce may seem like a good way to move on to the next chapter of your life, there are other ways to move forward. Once the divorce is finalized, you will have ample opportunity to rebuild the life you want and deserve. At The Law Offices of Cynthia L. Hanley, P.C., we are prepared to help you with the pros and cons and decide whether the risks are worth it. Connect with our firm today to learn how we can guide you through these difficult times.
