Will dating before my divorce is finalized affect the settlement?

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Question:

Will dating before my divorce is finalized affect the settlement?

Answer:

Whether dating before the divorce is finalized, will affect the divorce settlement is not a yes or no question.  The best answer is,  it depends on several factors including, whether your state is a community property state or equitable division property state; whether you have filed your divorce under fault or no fault grounds.

  • Community property states – in these states there are no fault grounds for filing divorce.  Any property brought during the marriage is divided 50/50 so that dating would not affect how property would be divided.
  • Equitable division states – in most equitable division states, fault can be an element the court can take into account when deciding how property is to be divided.  Dating during the marriage, especially if it was the cause of the divorce could affect the final settlement.  If you did not begin to date until after the divorce was filed and you and your spouse were living separate and apart, dating should not affect the settlement, but might be a factor in custodial arrangements.
  • Fault/no fault grounds – if the grounds for divorce is adultery and you are the alleged party at fault, dating before the divorce is final, could affect the settlement in that it proves the point.  If you have filed on no fault grounds, it may be harder to make the case before the court that conduct during the marriage should affect the settlement.

Before making a decision about dating before your divorce is final, you should consult legal counsel experienced in family law.  This person can advise you as to the law in your state, and give you an indication as to how a judge might rule in each situation.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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