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Dating after divorce filed

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In this article, we will discuss the main points of impact that may occur and present some tips which will help you avoid problems with your divorce case.

In contentious child custody cases, you may want to think of yourself as being under an unfair microscope.

Adultery is not defined within the Tennessee Code but is widely accepted by the judiciary to mean sexual intercourse between a married person and a third party other than one’s spouse.

An emotional affair, while not technically adultery, can still be considered inappropriate marital conduct, the catch-all fault ground for divorce in our state.

Dating while going through a divorce can have a number of negative effects on the divorce proceedings, both in court and emotionally.

Additionally, while every state is now a no-fault divorce state, marital misconduct can still be considered in some situations.

Can I start dating, or do I have to wait until the divorce is final?If it were not, then, in the words of our Court of Appeals, “any spouse is privileged to ‘move out’ of the marital home and cohabit with another without creating a ground for divorce.Such an interpretation of the statute would largely emasculate its intent and effect.”[2] Furthermore, “[i]t surely takes more than a mere separation of the parties to terminate the obligations incurred when the parties voluntarily entered into the marriage contract.”[3] This has long been the law in our state, as our Court of Appeals opined nearly 60 years ago that the trial court in a divorce action can properly consider matters occurring after the divorce complaint has been filed, as long as such matters have been incorporated therein by amendment or supplemental complaint.[4] Many clients find this perplexing because they feel that once a divorce complaint has been filed, that signals the end of the marital relationship.In addition, in some states the new relationship may be considered in the division of property or alimony determinations, so the dating spouse may not get as much as they want out of the divorce depending on the new partner's financial circumstances.This is especially true if the dating spouse begins cohabitating with their new partner during the divorce process.Most marriages in Bible times were arranged, and any contact between two prospective spouses was strictly monitored.