Once legally separated is dating permitted?

09/26/2007 - Category:Divorce - Legal Separation - State: ALL #9069

Full Question:

I live in the state of IL and have two children under 18. I have been married for over 20 years. My wife never worked outside the home during our marriage while raising 4 children. If legally separated can I date? I have no issues with paying support, and will continue financial care for the children. My main question is once legally separated is dating permitted or can leagal action be pursued?

Answer:

It is likely that your dating will have some impact on child custody as it is often hard for the parent who is not dating to deal with another party being responsible for their children. Additionally, it may have an emotional impact on your children as there is always an adjustment to be made if you were in a more traditional household. It is entirely up to the parent as to whether they should or should not date.

After separation from your spouse you still run the risk of your spouse citing marital misconduct if you are dating and having sexual relations with a third party. Although it may not be true that you are having sexual relations with the third party your spouse may cite marital misconduct in a claim for Post-Separation Support and Alimony. Furthermore your spouse might make an attempt to prove that this relationship existed at the time of your marriage and before separation.



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09/26/2007 - Category: Legal Separation - State: ALL #9069

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