Important Aspects to Consider if Dating and Going Through Divorce in New Jersey
Divorce Proceedings May Be Severely Affected by Having Another Relationship Before Getting Your Divorce Finalized
Divorce in New Jersey is a complex and lengthy process. During this time, it is understandable that one or both spouses might be interested in moving on. When it comes to dating before divorce in New Jersey, however, it is important to keep certain things in mind. Seek counsel from a member of our experienced team of New Jersey family law attorneys at Bronzino Law Firm about the best steps to take while your divorce is being finalized, and read on to learn more about the nuances of dating before divorce in New Jersey. Call us at (732) 812-3102 for immediate assistance.
Dating Factors to Consider Before a Divorce is Finalized in NJ
Dating before a divorce is finalized can impact the proceedings in various ways, and it can also impact your relationship with your family. Dating while still legally married can impact the type of divorce your spouse seeks, which could have implications for spousal support and child custody down the road, as well as potentially lengthen the divorce process. Additionally, dating before a divorce is finalized can have lasting impact on your relationship with your children. Because of the various legal and nonlegal implications of dating before you are technically divorced – even when you are separated – it is wise to seek the counsel of an experienced New Jersey family law attorney like our firm’s founder, Peter Bronzino.
Dating and the Impact on Grounds for Divorce
New Jersey is a state that honors no-fault and at-fault divorces. No-fault divorces are the most common types of divorces sought and generally constitute divorces due to irreconcilable differences. These divorces, because they do not revolve around a specific act or pattern of marital betrayal, often resolve more quickly, cheaply, and amicably. Grounds for at-fault divorces in New Jersey include adultery, desertion, and extreme cruelty, as well as others. Until a divorce is finalized, adultery can be claimed as grounds for an at-fault divorce, even if the couple is separated and well into their divorce resolution negotiation. While some spouses will claim adultery due to their ex dating during divorce proceedings, thinking that this fault will result in a larger spousal support payment, this is not always, or even often, the case.
Consequences of Dating on the Divorce Process
If a spouse accuses the other of committing adultery by dating during the divorce proceedings, they have a legitimate claim. There is no legal separation in New Jersey that justifies dating as a legal action until the divorce settlement has been finalized. However, when the process shifts from no-fault divorce due to irreconcilable differences to at-fault due to adultery, the result can be additional time in resolving the divorce and thousands of dollars.
Dating during divorce, and even adultery grounds for at-fault divorce, don’t mean that the other spouse will receive additional spousal support funds or a larger share of the marital assets. A Family Court judge will take into consideration whether the spouse’s dating relationship – even if it came before the divorce proceedings – had a financial impact on the marriage or withdrew energy or finances from the children.
What Influence Does Dating Have on Children During a Divorce?
Divorce can be a devastating experience for kids that has longstanding negative effects. While the removal of the two-parent unit from a child’s life is difficult enough, introducing a third party into the situation can be confusing or hurtful for the child attempting to process what the divorce will mean for their own life. Usually, it is best to keep a dating relationship private, dedicating a large share of your energy to spending quality time with your children and letting them know that they are your priority.
Possible Negative Effects of Dating on Child Custody and Visitation Rights
While not written in stone, dating before divorce is finalized could have adverse impacts on child custody and visitation rights. If the court determines that your dating relationship has siphoned financial resources or energy from your child and your relationship with them, your custody arrangement could be affected. Additionally, if the court deems that the person you are dating is not fit to be in the presence of children due to drug or alcohol abuse or some other reason, your custody judgment and visitation rights may be impacted.
Tips for Parents Regarding…
The Person You Are Dating
Be transparent with the person you are dating that the finalization of the divorce, and the well-being of your children within it, is your priority so that you can move on with your life and with your children as gracefully and healthfully as possible. Keep extramarital relationships private but not necessarily hidden, and make sure your new partner is a team player in this important transition in your life.
Spend as much or more time with your children as you did before the divorce, as they are going through a difficult emotional process and need your presence and support. Do not introduce your children to the person you are dating until well after you have processed the separation as a family, and only once the relationship is very serious. Consult with your ex before introducing your child to the person you are dating, and respect their opinions.
Tell your attorney that you are dating or interested in dating, and listen to the legal advice they offer regarding the fact. Your actions could have major implications for your divorce and your future.
In Need of Advice Regarding Dating While Navigating a Divorce? Contact our Divorce Attorneys in Monmouth and Ocean County, NJ
Because the implications of dating before divorce are varied and can be drastic, you need a divorce attorney on your side to counsel you through this delicate process. Our team at Bronzino Law Firm provides expert legal advice to our clients Barnegat Light, Lacey, Waretown, Mantoloking, Stafford, Ocean Township, Beach Haven, and Lavallette in all areas of divorce, particularly how New Jersey law determines one’s actions before and during the divorce process to impact their long-term outcomes. Our counsel can save you thousands of dollars, months of your time, and a lifetime of relationship with your children and new partner, as well as facilitate a smooth and swift separation from your ex. Contact us today at (732) 812-3102, or look for us online to discuss your case.