If I am not legally separated can I still date?
02/01/2007 - Category:Divorce - Separation Agreements - State: NV #1002
If I am separated (but not a formal separation), is there any problem with my dating?
On the issue of whether a spouse should date after separation and before divorce, you should understand that post-separation dating can be used as evidence of adultery occurring during the marriage. If there was no illicit sexual conduct before your date of separation, then post-separation dating is not relevant to a claim for post-separation support or alimony. However, a paramour who stays overnight when your children are present can be grounds for denial of your custody or visitation. You should be forewarned that you will likely be asked under oath at a deposition or at trial about any dating or romantic relationships. To answer these questions falsely would constitute perjury. You may plead the Fifth Amendment privilege against self- incrimination under certain limited circumstances. Dating after separation and before divorce may also have a serious negative impact on the settlement negotiations between you and your spouse. At best, your infidelity can cause your spouse hurt and embarrassment. At worst, it will provoke feelings of anger and revenge, which will greatly complicate your settlement negotiations with your spouse.
Also, your spouse might file an action for “alienation of affections” or “criminal conversation” seeking substantial money damages against your paramour based upon his or her sexual intercourse with you or interference with the marital relationship between you and your spouse either before or after the date of separation and before a divorce is final. Conversely, if your spouse is engaging in extra-marital affairs, then you are the wronged spouse and are in the position of filing an alienation of affections or criminal conversation lawsuit against your spouse’s paramour. If that is the case, you are well-advised to obtain proof of his or her affair through a private detective.
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02/01/2007 - Category: Separation Agreements - State: NV #1002
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