Deciding to date while separated can have a significant impact on negotiations, mediation, and settlement.
And dating, even if sex is not a part of it, can still be considered marital misconduct even if it does not rise to the level of adultery per se.
People who are separated from their spouses may have a strong desire to be with someone, a genuine need for affection and companionship.
Dating while separated is marital misconduct, which the judge will consider as a factor in the case.
Additionally, when one spouse is dating or carrying on an extra-marital affair during the period of separation, it is not a stretch for the court to assume that the same conduct was going on before the separation. The innocent spouse, through her divorce attorney, may allege that the dating spouse was at fault for the breakdown of the marriage.
With Tennessee child custody, a parent who seeks legal decision-making is under the court’s scrutiny.
The judge needs to place the child and must determine what is in the child’s best interests.
Like ripples on a pond, the repercussions can affect family relationships for many years to come. In Tennessee divorce law, having sex with someone who is not your spouse prior to divorce, but after separation, is still adultery.
Of course, dating does not necessarily lead to sexual relations, but it certainly can and often does.
The potential for negative consequences is not limited to a former spouse’s hurt, embarrassment, or hostility at being publicly humiliated.