The issue of dating during a divorce case is one that can be either one way or another. This can either be a complete non-issue for the case, or if facts are different it may hold significance. This blog is not designed to give you relationship advice, it will simply focus on the impact of dating on your divorce case and other matters related to that.
Do You Know the Person You’ll Be Dating?
Of course you’ll know the person you are dating, but that’s not what the question means. When you are in a divorce case especially one that involves matters of child custody, you will find yourself under the microscope. In such a time, who you date can be used against or for you in the court of law. Negatively it can be used as a more powerful tool highlighting how dating a so and so is not in the best interest of the child.
Therefore, before you start dating someone, you need to be careful about who you pick. It’s best that you know their past history which may be used by the other spouse’s lawyer against you. The most important thing to do here is exercising common sense in this regard.
Are You Going to Move In?
It is not out of the ordinary for a spouse going through a divorce to start a relationship with a new mate and for things between the two to get serious. They may even decide to move in together for romantic and even practical purposes. However before you move in with your new partner, there are a few things that you need to know. This can severely affect your divorce case since section 4323 of the Family code highlights that if you cohabitate with a non-marital partner you will not be assumed to have the same financial need for spousal support as you would have before.
The Factor of Jealousy
This is part of human life and an emotion that spouses going through a divorce often feel for one another as they start to move on in their lives. If your spouse witnesses your proximity to another companion they may feel a sense of jealously which can transpire in hate, anger or bitterness all of which may result in a more hostile environment.
What is the Right Choice?
There is no single answer to this question in law. Every case is different to another and the factors mentioned above will change on a case by case basis. The decision to date or not to date is one that you will have to take but it’s best that before you make it, you consult with your Orange County divorce attorney to see if it affects your case or not.
Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.
