If neither of you has filed for divorce yet, you’re even more vulnerable.Your spouse can potentially make a case that you began a new relationship before you decided to divorce, while you were still happily married.Even so, the presence of someone new, particularly when paraded in front of the spouse and/or children, can enrage the soon-to-be ex, and also create the suspicion that the relationship began as an “affair” before the separation.
If your spouse brings your activities to the attention of a judge, it may work against you in a dispute.
You may end up seeing your children less post-divorce because of your actions, if your spouse receives primary custody.
The implication that it could be might affect your divorce proceedings. If you or your spouse has already filed a divorce complaint and your divorce is pending, you may think it’s okay to begin pursuing new relationships.
However, if your spouse learns about it, she can amend her complaint for divorce from whatever grounds on which she filed to an allegation of adultery. In some states, it can influence a judge’s ruling on property division or spousal support.
If you decide to go ahead and begin dating someone, be circumspect and don’t introduce that person to your children until after you’re divorced.
Even then, you might want to give your kids time to adjust to the reality of your divorce first.
Dating might be adultery before a divorce is final -- but it might not be.
The significance of committing adultery also varies from state to state.
If your spouse names the person you’re dating in her initial or amended complaint, it legally involves that individual in your divorce lawsuit. Dating before your divorce is final and before a court decides custody issues can also affect your relationship with your children.
This is especially true if they know what’s going on because you’ve introduced them to a new friend.