You may want to move on quickly from the turmoil you likely endured in the later stages of your marriage. With this, you may figure the best way to get over your broken-down marriage is to start dating again. However, if you are in the midst of your legal separation or divorce proceedings, you may want to think twice before going out on a date. With that in mind, please follow along to find out whether you can date during the legal separation or divorce process and how a proficient Bergen County divorce attorney at McNerney & McAuliffe can help you navigate this tricky set of circumstances.
Can I date during the legal separation or divorce process?
Firstly, in the state of New Jersey, you and your spouse are allowed to get a “divorce from bed and board.” This is essentially a legal separation, in which you sign a settlement agreement that covers alimony, child support, child custody, property division, etc. You may sooner select this option if hold out hope for a reconciliation in the future. However, technically, you may still be considered married under the law without receiving an official Judgment of Divorce from the New Jersey Family Court. Therefore, going on a date may be viewed as committing adultery during your marriage.
The same goes for if you are in the middle of divorce proceedings with the court. This is because adultery is a fault grounds for divorce, which your spouse may then claim against you. This is all to say that while there is no legal prohibition to dating while getting separated or divorced, it may cause the process to become unnecessarily complicated. Ultimately, it may have the outcome work to your disfavor.
What are the potential consequences of dating during this time?
To reiterate, you may open up the opportunity for your spouse to cite adultery as a fault ground for your divorce. But there are other potential consequences of dating during your legal separation or divorce. They read as follows:
- You may make your spouse upset and unwilling to reconcile after your “divorce from bed and board.”
- You may make your spouse upset and unwilling to pursue an uncontested divorce method as initially planned.
- You may make your spouse upset and unwilling to remain amicable with co-parenting your shared minor children.
- You may make yourself ineligible to become an alimony recipient if you cohabitate with the person you date.
- You may make yourself ineligible to get favorable custody rights if your dating is deemed an unreasonable risk.
- You may have to deal with the implications of breaching your separation agreement if there is a no-dating clause.
So, before going out on a date, it is best if you communicate this possibility with your spouse. You should do this regardless of what speaking terms you are on. If you still have doubts about how to proceed forward, please consult with a talented Bergen County family law attorney. Our team at McNerney & McAuliffe will point you in the right direction.
