Dating While Separated | Miles Mason Family Law Group, PLC
May 4, The divorce has been filed. The parties are separated. the dating scene? Perhaps your spouse has even given his permission for you to date. Aug 18, Franklin divorce attorney explains the dangers of dating before divorce is final. There are 15 grounds for divorce in Tennessee, and two of them are “inappropriate marital conduct” and “adultery”. When you date while you are separated, you risk forfeiting marital assets. Mar 1, Understand the do's and don'ts of dating during a divorce. If you are interested in filing for divorce in Tennessee, request a free phone.
Or perhaps time to do those things you have always wanted to explore.
- Tennessee Divorce FAQs
- Dating During Divorce is Dangerous in Tennessee
- Should You Date During a Divorce?
In Tennessee there are two types of grounds for divorce-fault, or no-fault. The fault grounds for divorce are a little more interesting, and some are very obvious. The juices are flowing. That attractive man or woman you have always wanted to talk to happens to be in line with you at the coffee shop. One thing leads to another and…BOOM, you are now seeing each other and dating. An emotional affair, while not technically adultery, can still be considered inappropriate marital conduct, the catch-all fault ground for divorce in our state.
Tennessee law allows divorce on either fault or no-fault grounds.
The no-fault grounds for divorce are: The fault grounds for divorce are: How long does a divorce take? A mutual-consent, no-fault divorce takes about two to six months.Divorce in Tennessee
There is a mandatory 60 day "cooling -off" period after the complaint is filed, if there are no children. If the couple has children, it takes a minimum of 90 days. A contested divorce can last years, with the average case lasting a year or more. Finally, if the spouses agree to divide a pension, it might take an additional 60 to days after the divorce is granted to complete the division.
Tennessee Divorce FAQs | DivorceNet
Can I get an annulment? Annulments may be available if the marriage was illegal for example, incestuous or based on fraud or duress. An annulment can also be had if one party was under age. The rules and applications can be complex. The effect of annulment will not render the couple's children illegitimate. No alimony is available when a marriage is annulled.
Property rights will be restored as if no marriage had taken place. What is a legal separation?
In effect, a legal separation allows for the support and maintenance of a spouse without an actual divorce. The parties can sue for divorce later. Separation often doesn't make sense because it can be as expensive as a divorce.
It is important for clients to realize that this is actually a misperception that could negatively impact not just their lawsuit but also their personal relationships with their soon-to-be ex-spouse and even their children. Even if the parties have been separated for some length of time, romantic involvement during the divorce proceedings can be used to prove marital misconduct during the marriage. If your client dates during the divorce proceedings, especially if it has an adverse impact on the children, your client may have harmed his or her position with the judge irreparably.
In ascertaining which spouse will be the primary residential parent or make the major decisions for a child, the court focuses on what is in the best interests of the child. If infidelity has caused a spouse to be neglectful on some level to a child, it is an argument in favor of the other parent being awarded sole decision-making authority and primary residential parent status.
It is also not unheard of for a judge to remove custody from the de facto primary caregiver who has made the fatal mistake of taking his or her children around a paramour before the divorce is final.
Dating During Your Divorce…BEWARE!
The other spouse may knowingly or subconsciously take steps to alienate the children, relatives and friends against the offending spouse. The children may on their own come to feel that the dating parent has abandoned their other parent, causing them to align with the latter. Furthermore, the children will tend not to accept the new love interest even though they might have done so had their parent waited until after the divorce to start dating.
Moreover, once the lawsuit is concluded, the aftermath can be long-lasting. When the new relationship dissolves, the children experience another loss, if they have been made a part of that relationship.