It’s certainly a valid question to ask how dating impacts divorce in New Jersey. Most married people enjoy a partnership with another person. Truth be told, this can come at different stages of the relationship. Some seek companionship even before they leave the marital home.
Others figure separation gives them a legitimate reason to start dating even before the dissolution of marriage completes. Meanwhile, you there’s a chance you’re concerned about dating even after the court executes the divorce decree.
One step at a time. It doesn’t just take a sexless marriage for one party to a marital relationship to decide to seek the affections of another. Some people find monogamy a foreign concept. That said, adultery surely represents a reason to file for an at-fault divorce.
While you or your spouse might have every reason to file a divorce complaint claiming adultery or any other recognized grounds, that’s not necessarily the best course of action. Traditionally, no-fault divorces finish quicker. Notably, the courts also push for settlements to expedite the filing of the final divorce. Most people prefer the end to come sooner than later.
In the meantime, there’s something else anyone who files for an at-fault divorce should know. Even if you can prove the grounds, it doesn’t mean the court will award you anything extra.
Dating Impacts Divorce and Marital Separation
If you and your spouse have decided to live separate and apart, you may figure that adultery no longer becomes a legal issue. After all, you may be under the impression that you’re legally separated just because the two of you no longer live together.
While other states might recognize legal separation, that’s not really the case in New Jersey. However, that’s not to say you can’t enter into a separation agreement while you wait for the divorce case to be filed or even progress to the final stages.
However, until the signing of the divorce decree, the courts might consider your involvement in an intimate relationship with another party to constitute adultery. And once again, there’s the possibility that a chagrined spouse filing for an at-fault divorce stands the chance of increasing costs and extending the time it takes to get divorced.
In the case of custody matters and parenting time, some mothers and fathers object to their children exposed to their spouse’s new love interest. Meanwhile, it’s only in extreme cases that the court will consider this as relevant. After all, everyone deserves to start a new life.
Is Cohabitation as a Form of Dating a Problem?
After the divorce is finalized, some spouses look upon dating to represent cohabitation. They may decide that a few overnights constitute cohabitation. This becomes a critical issue especially when a spousal support order is part of the divorce.
Meanwhile, proving cohabitation may not be as easy as it appears. The New Jersey statutes specifically define cohabitation at NJSA 2A:34-23(n) . Essentially, when it comes to evidence of cohabitation as far as alimony, it takes much more that showing that your former spouse is involved in an intimate relationship with someone new.
In the end, you may find that dating doesn’t necessarily mean you’ll be absolved from paying spousal support. And, you’ll need to show proof of a change of circumstances.
Dating Impacts Divorce and Children
Children want to have idealist views of their parents. Of course, the issue first starts with minor children who still reside in a household shared with their mother and father.
Without question, discretion is key. Even with adult offspring, it’s not necessary for them to know that one of the parties have strayed from the marriage. Worse yet, it’s wrong to expect children to cover for their parents in adulterous relationships.
Parents need to remember that regardless of their children’s ages, they deserve to love both parents. They should not be treated as confidants. If you suspect your present or former spouse is a cheater, you really don’t need to engage your child in your marriage.
One other thing that deserves a reminder. When you malign a child’s other parent, you also make the mistake of suggesting one half of your son or daughter doesn’t deserve respect. Resist the temptation to complain or even state your case at all.
Contact Us
If you have questions about dating as it relates to divorce, the Law Offices of Sam Stoia can assist you. We offer a complimentary one-hour consultation. Please get in touch with us to learn more.