Like ripples on a pond, the repercussions can affect family relationships for many years to come. In Tennessee divorce law, having sex with someone who is not your spouse prior to divorce, but after separation, is still adultery.Of course, dating does not necessarily lead to sexual relations, but it certainly can and often does.
And dating, even if sex is not a part of it, can still be considered marital misconduct even if it does not rise to the level of adultery per se.
People who are separated from their spouses may have a strong desire to be with someone, a genuine need for affection and companionship.
Proof of current misconduct can be used to establish past behavior, even if it did not happen that way. Do not date or have an extramarital affair while the divorce is ongoing.
Doing so can significantly influence the judge and the outcome of the case.
Living with someone else during the period of separation means the judge could consider the paramour’s income along with the spouse’s when calculating Tennessee child support.
The cohabiting parent can be ordered to pay more to support the children, whether he or she is the Alternative Residential Parent (ARP) or Primary Residential Parent (PRP).Dating while separated is marital misconduct, which the judge will consider as a factor in the case.Additionally, when one spouse is dating or carrying on an extra-marital affair during the period of separation, it is not a stretch for the court to assume that the same conduct was going on before the separation. The innocent spouse, through her divorce attorney, may allege that the dating spouse was at fault for the breakdown of the marriage.The potential for negative consequences is not limited to a former spouse’s hurt, embarrassment, or hostility at being publicly humiliated.Dating while separated, before the divorce is over, can put a strain on that parent’s relationship with adult children as well. If you need to know specifically if dating is a problem in your case, then talk to your Memphis, Tennessee, divorce lawyer.Until the marriage is dissolved, dating represents infidelity and that is not a good thing in Tennessee divorce.