DATING PRIOR TO DIVORCE IS POTENTIALLY COUNTER-PRODUCTIVE

Many people in the process of a negotiated or contested divorce would like to begin at least a semblance of a new social life, and to date and enjoy the companionship of other persons. But what effects can this activity have on the divorce process? Generally, dating is not going to prevent a divorce from going through to completion. In Michigan as well as elsewhere, however, the ramifications of dating before and during the pendency of the divorce are undetermined and largely unpredictable, and for those very reasons it is wiser to refrain from doing it.

Dating can reflect on the perception of morality that judges and others may have about the individual. It’s possible that dating will harm his or her custody claims. For example, it may be thought that the individual is too selfish to act in the interest of his or her children by dating freely so early on. Since it’s the best interest of the children that prevails in a custody case, the dating parent may be perceived uncaring.

When custody comes up for trial, the perception of the parent rushing out to start dating may possibly prevail. Also, fault is generally one of several listed factors that courts are to consider when awarding alimony. Thus, a spouse who has dated prior to divorce can be perceived as being at fault.

Dating can also influence a court to lower support payments to that parent. The appearance is that the dating parent is enjoying the same or even better standard as in the past, which fulfills the purpose of support payments. Furthermore, despite that the relationship is over, dating prior to dissolution of marriage tends to flaunt that fact in the other’s face and could possibly trigger raw emotions.

Perhaps more than in any other area of practice, divorce in Michigan and countrywide is a process that can under certain circumstances bring out the very worst emotions that the contestants have to offer. For all of these reasons, dating prior to divorce is generally considered to be a premature, possibly harmful activity as it relates to the divorce. As always, the best procedure is to get a professional opinion from an experienced practitioner prior to making any decisions or taking any action that could have adverse consequences.

Source: myfoxla.com, “Ask The Lawyer: Bad To Date Before The Divorce Is Final?” Robin Sax, March 28, 2013