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Our People. Key Contact. Shalini Nangia. Related Practices. Latest News and Insights. October 12, Sign up to be the first to access our leading legal insights. Nevertheless, if you dated someone else or cheated on your spouse during your marriage, or if you date during the divorce, fault may matter. A relationship outside of the marriage could affect the division of marital property and even the custody of your child or children.
If you date while your divorce is pending, a Michigan divorce court may presume that you are not sufficiently focused on the well-being of your children or that you are not spending enough time with your children at a sensitive moment in their lives.
There is at least an element of truth in that charge. Unlike some states, Michigan does not require a split of the marital property.
Most divorce attorneys recommend against dating while a divorce is pending because dating can increase both the cost and the aggravation that a divorce entails.
Even if the relationship is innocent, it may lead to unnecessary expenses and acrimony. As far as the courts are concerned, you are legally married until the divorce is finalized. Because so much is already involved in a divorce, whether in Michigan or in any other state, divorcing spouses should strive to keep the divorce as simple as possible rather than complicating it.
Otherwise, a judge may decide to award a larger share of the marital properties and assets to your spouse. Do date with discretion. In Texas, the judge will consider a couple legally married until their divorce decree is signed, sealed and delivered.
An affair either party has prior to the divorce being finalized could be considered adultery, which could support a fault-based judgment against the adulterer, since adultery is one of the seven grounds for divorce in Texas. The issue here is that questions could be raised as to whether community funds are being used to pay for entertainment, gifts, loans or trips for a lover, leaving you subject to a reimbursement or waste claim.
If the judge finds that misuse of community monies has occurred, your spouse could be awarded a larger portion of the community estate when all is said and done. Going through a divorce is a tumultuous time for everyone involved, but children can take it especially hard.
Bringing someone new into the mix can be confusing and stressful for children. Plus, the time you spend dating or with a new lover is precious time taken away from your kids. Check out this past post where Aubrey shares five valuable resources to help kids cope during divorce. They may also have concerns about your child spending time with your new lover and whether that will affect the child negatively.
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