Regardless of your current feelings about your soon-to-be-ex-spouse, the last thing you may anticipate is finding out they are dating someone before your divorce has even been finalized. This can be particularly jarring, especially if you haven’t even considered getting yourself back out there. However, you may wonder if this constitutes cheating or if it can impact the outcome of your divorce. The following blog explores what you should know when your spouse begins dating during your divorce and the importance of connecting with a Nassau County divorce lawyer to guide you through these difficult times.
Is Dating During a Divorce Considered Cheating?
When you learn that your spouse has started seeing someone before your divorce has been finalized, it can be incredibly overwhelming. However, one of the most common questions divorce attorneys are asked regarding this matter is if this is considered adultery.
Generally, most states, including New York, allow both fault-based and no-fault divorce. If you choose to pursue a fault-based divorce, it’s imperative to understand that proving that your spouse has done something wrong typically does not impact the outcome of the divorce. For example, if your spouse abandons you, and that is the grounds on which you file for divorce, the judge won’t grant you a more favorable outcome. A no-fault divorce means that you do not have to prove wrongdoing by your spouse in order for a divorce to be granted.
Is There Anything I Can or Should Do?
Though you may not like it, in New York, dating during a divorce isn’t illegal. However, in some instances, it could have an impact on the outcome of your divorce.
If you find that your spouse is spending marital assets on their new partner, whether they take money to pay for an extravagant vacation or sell assets to buy them luxury gifts, it can impact the outcome of your divorce. This is considered dissipation of assets, as your spouse is not using marital funds for the marriage but rather on another person. As such, if you believe this has occurred, connecting with an experienced attorney as soon as possible is critical. They can help you fight for compensation when your assets are being distributed to compensate you for your spouse’s misuse of funds.
Additionally, your attorney can assist you in creating terms and conditions as part of your divorce agreement regarding introducing your children to new partners. In some instances, depending on the severity of the circumstances, if a judge finds that your spouse’s dating impedes their ability to co-parent efficiently, they could limit the custody your ex is granted, as they may find that being in the custody of the other parent may not be in your children’s best interest.
Navigating these matters can be incredibly overwhelming. Unfortunately, divorce is an inherently emotional process, and seeing that your ex has moved on before your divorce papers have been finalized can be devastating. As such, it is critical to connect with an experienced attorney with Barrows Levy PLLC as soon as possible. Our team understands how difficult this process can be to navigate, which is why we are committed to helping you through these times so you can focus on healing. Contact us today to learn more.
