Dating allowed during marriage separation
Lawyers do sometimes have to offer advice in these situations to help prevent our clients from making mistakes, in their excitement over having a chance to start fresh, that may have legal consequences for them down the road.
After you've checked out of your marriage, you may feel like you're more or less back "on the market." You may even meet someone, maybe more quickly than you ever expected. Let's be real here: you and I both know that this is definitely risky territory.
For example, the judge might disapprove of the dating spouse's behavior and develop a bias against them.
While such a bias is ostensibly unacceptable in the U. legal system, judges are human and biases are natural and even probable in some instances.
If so, it's not a bad idea to put it off for a little while longer.
If the new partner makes the children feel uncomfortable, whether it has to do with the partner personally or it's related to the children feeling that the partner may be at fault or contributing to the separation and divorce, this is likely to have an effect on custody decisions made by the judge.
As such, a spouse who decides to date during the separation is wise to keep the children and the new partner separate to avoid arousing these types of issues during the proceedings.
Although many courts don't take children's wishes into consideration, some will, especially under the circumstance where a child is uncomfortable with a parent's new partner.
When one spouse is dating, the other spouse is likely to be resistant to shared custody agreements as well.