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Community Talk makes it easy for you to find relevant, informative articles from First Wives World's leading contributors, all in one place.All content is hand picked by First Wives World and covers a wide range of topics important to you.Dating during divorce can have legal consequences both for the divorcing spouse and their new partner.Dating while separated can hold up and complicate the divorce proceedings, can effect custody and visitation decisions, and rarely but possibly, depending on the state, may be grounds for a lawsuit.That's why it's so important to speak to your lawyer if you plan to or have already begun a relationship during your separation.Dating during separation may not be a big deal, depending on where you live, but it is best if you wait until your divorce is finalized.In addition to the possible financial or custody consequences of dating while separated, you may be subject to archaic criminal statutes that make adultery a misdemeanor.This depends on your state – most states no longer consider adultery a crime, but some do.
Though alienation of affection and criminal conversation suits are not very common, they do exist.
The cheating spouse and the third party do not necessarily even have to have a sexual relationship – in some places, a family member who convinces one spouse to leave the other might be liable for alienation of affection (though this is very uncommon).
Another, even less common, suit is one for "criminal conversation." In a criminal conversation suit, the wronged spouse again sues, but for the suit to proceed there must have been a sexual relationship.
Marital misconduct can encompass a wide variety of actions, including adultery and cruelty.
During the proceedings, the fact that a dating spouse is already separated will be noted, but that does not necessarily mean the circumstances of the new relationship will not be considered.