BROOKLYN, New York. Many divorce cases in New York are triggered when one partner in the marriage meets someone new or has an affair. One of the questions these individuals might ask is this: can I date during my divorce? As a general rule, the safest bet when it comes to getting the best possible outcome for your divorce is to avoid dating until your divorce papers are finalized. But, what happens if you’ve had an affair, or if your partner has had an affair? Or, what if you didn’t date, but joined a dating site once you told your partner you want a divorce?
New York courts do recognize fault in divorce cases. One of the grounds for at-fault divorce includes adultery. Even if you and your ex are living apart, until your divorce is finalized, any relationship you have before those papers are filed can be considered adultery. According to NYCourts.gov, adultery is hard to prove. Yet, if you leave a digital trail of your relationship, the courts may accept this as evidence. These days, text messaging is so ubiquitous that its highly unlikely that you’ll avoid leaving any digital trail. At fault grounds for divorce could potentially impact your alimony awards or your requirement to pay alimony. Generally, the courts will look at whether you spend marital assets on your new flame.
According to the Huffington Post, dating during your divorce can cost you. It can take a situation that is already hard and turn it into a contentious one. Anything you do during your divorce to make your ex angry could make it harder to divide assets, property, and money. It could also make it more challenging for you to agree upon a child custody arrangement. For example, your ex might try to include provisions that prevent the children from spending time with a new partner.
Finally, dating during divorce may simply not be the best decision you can make for yourself, emotionally. You won’t be at your best with your new partner, and sometimes the excitement of dating can serve as a distraction from the emotions you’ll need to process as your marriage ends. Many individuals who date during their divorce find that when the new flame dies out, they find themselves dealing with two breakups—the end of their marriage and the end of a relationship with the new partner. This can be overwhelming. The key is remembering that you can’t avoid the pain. It will find ways to surface.
If you are considering getting divorced and have a complex situation (such as the discovery of a partner’s affair), you need a compassionate and caring divorce lawyer on your side. The Elliot Green Law Offices are family lawyers in Brooklyn, New York who can help you understand your options and the best course forward for your given situation. Our firm can guide you through this process, offer sound legal counsel, and help you protect your children and your best interests as you move forward with your life. Visit us at the Elliot Green Law Offices today to learn more.
Elliot Green Law Offices
32 Court Street, Suite 404
Brooklyn, NY 11201