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Category: Family Law
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Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My spouse and I are entering into a no-fault separation agreement.

Resolved Question:

My spouse and I are entering into a no-fault separation agreement. What are the legal consequences, if any, of either of us dating other people during the one year period that we are separated?
Submitted: 5 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 5 years ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Consult your attorney before dating. You are married until the divorce is final. Before then a sexual relation with a partner other than your spouse is adultery. Dating without sexual relations can impact negotiations and final outcomes concerning custody, visitation, etc. This is based upon the letter of the law. Often times, parties separate and both move on, dating other people and not necessarily caring or making a big deal about what the other person is doing, during that time. However, if there are children and the boyfriend/girlfriend are around, it could cause problems or if one spouse still wants to try and save the marriage and the other does not, they could make an issue about this. It is something which you do need to be aware of and if you do not have counsel, need to use good judgment. Please
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Customer: replied 5 years ago.
If we have worked out the issues of custody, support and property distribution in our no-fault agreement which is about to be signed, then why does it matter if I discreetly date? Isn't the agreement solid?
Expert:  FamilyAnswer replied 5 years ago.
Yes, but under the eyes of the law, you are not official divorced and need to go through the process. Also, remember, this is a separation agreement NOT a divorce agreement, so while it will control while you are separated and before the divorce is finalized, things could always change.
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