Divorces can sometimes take a long time to be finalized for various reasons. The divorcing couple may go into the divorce expecting to simply finish the process and take some time before starting a new relationship. However, things sometimes take a different turn and a divorcing spouse may wish to date or get in a serious relationship with another person while the divorce is pending. As this happens, questions may arise about the repercussions of the decision to date during a divorce may be. It is important to first consider on what grounds the petition for divorce was filed.
Pennsylvania law allows for fault-based divorces, including on the basis of adultery.
Dating during divorce in pennsylvania
If the person who the divorcing spouse wants to date was a person the spouse was having an affair with before the divorce, the continued relationship may be used in court as evidence of the adultery. If a divorce is granted on the basis of adultery, it may affect the amount of alimony awarded in the divorce only if the adultery is connected to spousal abuse.
Pennsylvania law prohibits judges from considering marital misconduct when awarding alimony unless the misconduct is abuse. Dating during the divorce can affect the amount a spouse gets when the court divides the marital assets if, for example, the spouse is using marital funds or assets towards the new relationship.
This could include buying lavish gifts, paying for vacations, or even buying a joint home with the new romantic partner using marital funds.
When marital funds are dissipated in this way, the court can award more to the other spouse to ensure an equitable distribution. If the divorcing couple has children together, dating while the divorce is pending may be hurtful and confusing to the children. Especially to younger children who may have a more difficult time with the divorce overall.
If parents choose to date, they should discuss the best way to handle this with the children and help them through the transition.
Finally, it is also important to consider how dating will affect the tenor of the divorce. In some cases, a divorce that has been amicable and civil can turn acrimonious because one spouse decides to date while the divorce is pending and the other spouse becomes jealous.
You have to move on with your life after divorce, and this may mean moving on with someone new.
Because relationships right before or during a divorce may raise some issues in the proceedings, it is wise to consult with an experienced divorce attorney before making any major moves. In a legal career spanning more than 30 years, Ms.
He may try to even the score by fighting about custody of the children or how to split the marital estate. If you have children, then you also need to realize that it's in your best interest to try to keep a cordial relationship with your husband. You will most likely have ongoing contact with your husband after the divorce because of the children.
At Jacobson, Julius & Harshberger, we care about the people who come to us for counsel - and we are dedicated to achieving results that meet their jankossencontemporary.com understand the stresses involved and work hard to minimize them in every possible way. Schedule a consultation at . Jun 06, Dating during the divorce can affect the amount a spouse gets when the court divides the marital assets if, for example, the spouse is using marital funds or assets towards the new relationship. This could include buying lavish gifts, paying for vacations, or even buying a joint home with the new romantic partner using marital funds. Sep 17, The Philadelphia divorce lawyers at Cairns Law Offices discuss dating during a separation but before a divorce. Contact the firm to file a divorce for just $ Pennsylvania is not only a mixed state where spouses can file fault and no-fault divorces, but it Author: Cairns Law Offices.
Dating during divorce can poison the spirit of cooperation and affect your life for a long time after the divorce is final and possibly after your boyfriend is history. As far as the courts are concerned, you are still legally married until the divorce is finalized.
In states that recognize fault in a divorce case, dating during divorce can be viewed as adultery.
This can affect the outcome of your divorce as far as spousal support and the eventual property settlement goes. Even if you have been separated from your husband for a while, dating during your divorce can be used to help prove marital misconduct during your marriage.
It can look like you have questionable morals, even if you were the perfect wife during your marriage.
To top it off, a really vindictive husband might consider suing your boyfriend for alienation of affection. This will put your boyfriend smack-dab in the middle of your divorce, which is a quick way to put a damper on your new relationship.
As far as the courts are concerned, you are still legally married until the divorce is finalized. In states that recognize fault in a divorce case, dating during divorce can be viewed as adultery. This can affect the outcome of your divorce as far as spousal support and the eventual property settlement goes. Adultery is defined in Pennsylvania as voluntary sexual intercourse with a person besides your spouse. As explained below, adultery may affect alimony and property division in Pennsylvania divorces. If you are pursuing a divorce based on your spouse's cheating, you should speak with an experienced family law attorney for information on proving. Mar 09, Dating During and After the Divorce On behalf of Karen Ann Ulmer, P.C. posted in Divorce on Monday, March 9, When you are going through a divorce, you may wonder whether you should be dating and if you do how it will impact your case.
You need to be especially careful if you have children from your marriage. Not only will both you and your husband's conduct be scrutinized during a custody case, but also so will be the conduct of your boyfriend.
If he has a shady background, it will be used against you. Any person who has frequent contact with your children can become part of a custody investigation.
The Risks Of Dating During Divorce — Attorney Bites
If your boyfriend has past issues of domestic violence or charges of sexual misconduct proven or notit will have repercussions in your divorce. Another point that you should think about if you are considering living with your boyfriend is that it will affect the level of support you may eventually receive.
Even if you ultimately get custody of your children, child support levels may be lowered because you are living with someone and sharing the expenses. It can also have a big impact on whether or not you will receive alimony and how much you receive. This can even apply to temporary support order, because once again, you are sharing the expenses with someone else.
It would be a shame to forfeit your future support on a relationship that may not last. The bottom line is that if you date during your divorce, you are giving your husband a big advantage.
Don't sacrifice your future on a new relationship. Wait until after the divorce is finalized before you start to date. When you are separated or going through a divorce, the attention that a boyfriend shows you can feel like a breath of fresh air and boost your self-esteem.
Jul 18, Learn about Dating during a divorce in Pennsylvania today. Quickly find answers to your Dating during a divorce questions with the help of a local lawyer. The date of separation is especially important under Pennsylvania law in non-consent based divorces, as there is a two-year time period that must pass before one party can obtain a unilateral "no-fault" divorce without the consent of the other spouse. Because of its importance to the division of property, the Pennsylvania date of separation. On March 18, , the Superior Court rendered a decision in the case of In re: Estate of Kathleen Talerico, Pa. 66 (Pa. Super. ), and confirmed that, under certain circumstances, engaging in extra-marital affairs after the commencement of a divorce proceeding in Pennsylvania deprives the surviving spouse of spousal rights under the probate code.
While he may serve as a distraction and help you avoid some of the pain of your divorce, you will eventually need to face those emotions. While it feels good to be needed and wanted, it's unlikely that you're emotionally ready to deal with a new relationship.
You will still have to deal with all the issues that caused the breakup of your marriage and make peace with the fact that it's really over. A new relationship at this time is not going to be based on the real you. Imagine how differently you will act when you are not under extreme stress and when your life is more stable.
You need time to discover that you can make it on your own without a man to support you emotionally or financially.
Should I Date While My Pennsylvania Divorce Is Pending?
When you are going through a divorce, you're usually not in a mental state to make permanent choices. Studies have shown that the first relationship that a person enters into after a divorce has little chance of long-term survival and will rarely end in marriage.
So what should you do if you believe that this new man is the one you should have married in the first place?
May 21, A Pittsburgh separation lawyer will tell you that dating during separation is legally allowed, Adultery is grounds for divorce in Pennsylvania, and if your spouse can prove you committed adultery, they can seek a divorce with fault. Call Pittsburgh Divorce & Family Law, LLC.