whether the spouse has said anything that opposing counsel or the judge can use in court to further the other's case.how much money the married spouse spent on dating this person, and.whether the married spouse transferred any marital property to the new friend, such as by gift.The purpose of a deposition is to determine: This will be highly uncomfortable for everyone involved. Whether justified or not, bringing a new partner around can certainly increase tension and conflict, delay the divorce proceedings, and increase your attorney's fees, if you have lawyers handling your case.ĭepending on your state's laws and the specific issues in your case, the other side's lawyer may be able to depose your new partner (that is, ask questions under oath and have a stenographer and/or videographer record all the answers.) Your spouse's attorney may even subpoena your new partner to testify at your trial.
In return, your spouse may try to wage a legal war of sorts, in a misguided effort to exact some sort of revenge on you and your new partner. New Relationship or Affair?Ī new partner's presence during a divorce, particularly when paraded in front of the spouse or children, can enrage the soon-to-be ex and raise suspicion that the relationship began as an "affair" before the separation. However, judges rarely punish someone who begins dating-sexually or otherwise-once they've physically and permanently separated from their spouse.Įven if everything is on the up-and-up, the result is that dating can add a lot of unnecessary aggravation, stress, and possibly even a more complicated and expensive divorce. You're not supposed to date someone else while you're still married. The reason divorce lawyers counsel against dating while the divorce is pending (even if you're technically separated), is that it can increase both the cost and the stress of the divorce trial. However, from a practical standpoint, romantic or sexual relationships are the ones that draw scrutiny and may cause complications in your divorce case. There is no distinction between platonic contacts and ones that are romantic or sexual.
Unfortunately, when it comes to dating during a divorce, there is more that you shouldn't do than should, but first, let's clarify what's meant by "dating." Legally, "dating" means one-on-one social contact with another person. If you find that you just can't wait until your divorce is final to start dating again, this article provides a few "do's and don'ts" of seeing someone new before you're divorced. The simple answer should always be: "Not until your divorce is final." But, life is rarely this simple.ĭivorcing clients are often lonely and stressed out, and they may be longing to meet someone new, feel desirable again, and just have fun, so many clients decide that only one date can't hurt. "Is it okay if I go out on a date?" is a question that comes up quite often for soon-to-be divorcees.
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