Dating before divorce final tennessee
It may affect their preference during custody proceedings, as well as the judge’s.Moreover, once the lawsuit is concluded, the aftermath can be long-lasting.
The other spouse may try to use your client’s post-separation romantic adventures as evidence that the breakup of the marriage was your client’s fault, even if it is not true and even if the meeting of the new love interest did not occur until after the parties’ separation. If there is any allegation of pre-separation adultery, such conduct post-separation will certainly not encourage the judge to believe that pre-separation behavior would have been any different. How Extramarital Relationships Can Impact the Lawsuit and Beyond Judges and experts who assist the court in making custody and parenting time determinations are generally not impressed with parties who date during divorce proceedings.For example, if the spouse seeking alimony has engaged in a course of infidelity that was sustained and prolonged, a judge can adjust the alimony award downward.The legal rationale is that the conduct of the spouse, deliberate and offensive to the goals of the marital contract, should not be awarded with anything but the most minimal maintenance award permitted by law. The potential financial ramifications associated with the decision to date prior to finalization of the divorce can be exacerbated if your client goes so far as to already be living with the paramour before the divorce is final.More often than not, such behavior is considered poor decision making, callousness toward the feelings of the parties’ children, and poor role-modeling for the children. The slightest nuances in a case can cause the judge’s decision on any topic to fall in your client’s favor or against your client.Obviously, it is in your client’s best interest to do everything possible to make sure the judge sides with him or her.A spouse’s infidelity, even when unaccompanied by economic misconduct, may affect an alimony award.
Tennessee’s alimony statute declares that in determining alimony, one of the factors that the trial court is to consider is “the relative fault of the parties in cases where the court, in its discretion, deems it appropriate to do so.” This usually entails the court considering the fault of the offending party in making its alimony determination.
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.
After all, “[a] wife [or husband] whose marriage has been shattered by [her] husband’s [or his wife’s] misconduct should not be left in a financial condition inferior to her [or his] economic situation prior to the parties’ divorce.” In some situations, infidelity can be a factor in determining the amount of alimony the non-offending spouse pays to the spouse who was unfaithful.
A judge has some discretion and flexibility in awarding alimony.
Children who suffer a series of losses can end up with a sense that it is not safe to develop close friendships.