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It’s tempting to consider dating while going through a divorce, especially if you’re stressed and feel neglected and unappreciated. Because of the proliferation of online dating apps and services over the last decade, you may be able to locate someone you’re compatible with practically quickly.
It’s worth deferring for the time being, as tempting as it is to find someone to pick up where your soon-to-be ex-spouse left off. Dating while divorcing might hurt your chances of getting exactly what you want out of your divorce, whether it’s an equal share of community property, spousal support, or even child custody.
Your Community Property Share Could Be At Risk
Although California is a Community Property state, where two parties in a divorce can expect to split marital assets 50/50, a new boo is a wildcard that could change how these assets are split.
You’ll still get a 50/50 split of your marriage’s communal property; the court may be persuaded to consider costly vacations, restaurants, jewelry, technology, and other presents you’ve given your new boyfriend or girlfriend. If evidence exists that you spent community property on someone else, the value of that property can be deducted from your original share.
Spousal Support Orders Can Be Affected by New Relationships
The goal of spousal support is to lessen the financial burden of divorce on an ex-spouse who earned a lower or no wage because he or she contributed to the marriage in other ways. Supporting the higher-earning spouse while he or she was pursuing a professional degree or raising children are examples of these alternative options.
You know what you did and why you did it if you gave up your career for your spouse. However, starting dating and eventually moving in with someone before your divorce is final might have a negative impact on the amount of spousal support you receive. It could be understood to mean that someone else is taking care of your fundamental needs and that you don’t require all of the spousal assistance you might otherwise receive.
Getting engaged before your divorce is finalized may have a negative influence on your spousal support order, limiting or prohibiting you from receiving one at all.
Child Custody and Visitation Rights Could Be jeopardized
If your divorce involves children, custody and visitation – which are typically already contentious problems – can become even more so if someone else’s significant other is involved. Waiting a few weeks or months for your divorce to be finalized is well worth it if you value time with your children.
Custody and visitation are granted purely on the basis of the child’s best interests. This implies that both you and your ex will be judged on your parenting abilities, and who you date may play a role in that assessment.
It can be taken into account if you’re dating someone with a criminal record or a history of substance addiction. If the person you’re seeing has a history of domestic abuse or child sex offenses, it can be very damaging to your chances of getting the greatest possible custody order.
These considerations are at the extreme end of how dating during divorce can affect how much time you get with your kids, but there are ways that even someone without that baggage can drag you down. If your dating activities affect how much time or emotional and physical energy you have to devote to your kids, then the court may take these factors into account as well.
While many people have successfully dated through divorce, this does not negate the fact that there are significant hazards involved.
If your divorce is still underway, the best case scenario is that you and your soon-to-be-ex-spouse remain on generally good terms, with no at or jealousy. If this isn’t the case, you risk your ex using your new relationship against you and unfairly influencing the outcome of your divorce.
Are you going through a divorce or a court battle over one? Consider contacting Spodek Law Group for legal assistance. We can provide you advice on dating during divorce and other specific aspects of this process, as well as provide services to assist you get what you need once the dust settles.
During a visit with one of our attorneys, learn more about how we can assist you. Make an appointment with us today by connecting with us online or calling to speak to one of the highly skilled family lawyers at Spodek Law Group for your free, confidential consultation. We serve clients throughout the Golden State.
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