Many clients ask this question, and the answer — like most in family law — is that it depends on the facts of your case. Generally, it is best to avoid dating, because even if it is unlikely to have a real impact in the final outcome of your divorce, it is usually a source of drama that adds to the time and expense in resolving your case.
Factors that affect the answer include: are you separated from your spouse? People have differing views on when it is appropriate to introduce separation to a new significant other, if they should notify the during before introducing the children, dating that person should sleep in the same house, etc.
Pre-divorce most judges dating site black professionals be more critical of exposing children to a new significant other and can issue orders preventing exposure to dating partners. It may not matter if you are acting responsibly or not — just that the other parent has made it an issue. These issues are better dealt with in a therapeutic setting versus a legal setting.
Whether or not children are involved in the case, dating during a divorce will often involve dissipation of marital funds. If you michigan using any marital funds i.
Parties can spend more in proving dissipation than was dissipated! If the records prove the dissipation, the judge is likely to order you to reimburse the amount spent to the marital estate. Another critical issue related to dating and the financial side of divorce is whether the dating relationship was at fault for the breakdown in the marriage.
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Though Michigan is a no-fault divorce state — meaning neither side is required to allege or prove fault to get divorced — fault can be a factor in property division and spousal support. Parties often claim fault based on any affair or dating situation; however, for it to michigan be a factor, it had to lead to the breakdown in the marriage relationship. So, if your spouse had an affair 10 years ago, but you remained married and tried to make it work, then the affair may not have been the cause of the breakdown that led to the divorce filing.
Even if it was the cause for you, it is less likely a judge will give the affair too much weight. Or, if your spouse starts dating someone after you file or separate, the dating is not what led to the breakdown in the marriage. On the other hand, if your spouse had an affair, you discovered it, and filed for divorce soon after, your claim for fault has more relevance.
One nagging issue that cannot be ignored is dating technically, adultery is still a felony in Michigan. The statutes provide that adultery is the sexual intercourse of two persons, either of whom is married to a third person.
Also, when adultery crime is committed between a married woman and an unmarried man, the man can also be guilty of adultery. The husband or wife has one year from the date of the offense to request prosecution. Prosecutors have not pursued adultery charges against anyone for years; however, people should beware what they admit to in emails, texts, discovery or pleadings.
Adultery must weigh their own risks and benefits of dating while getting divorced. The bottom line is that your divorce case will be much less complicated if you can avoid it. By submitting your contact information through the form above, you are agreeing to receive relevant advisories, alerts and updates from Varnum LLP to the email address you provided.
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Related Practices. October 12, Pre-Divorce vs. Post-Divorce Considerations Pre-divorce most judges will be more critical of exposing children to a new significant other and can issue orders preventing exposure to dating partners.
Click of Marital Funds Whether or not children are involved in the case, dating during a divorce will often involve dissipation of marital funds. Breakdown in the Marriage Another critical issue related to dating and the financial side of divorce is whether the dating relationship was at fault for the michigan in the marriage. Adultery One nagging issue that cannot be ignored is that technically, adultery is still a felony in Michigan.
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