sammo
Bronze
Reged: 04/24/07
Posts: 43
Loc: Missouri
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Does anyone have any legal comments on dating during separation?
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Someday your life will flash before your eyes, make sure it is worth watching.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2179
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It's a nofault divorce state , but fault can be a factor in the distribution of assets , i.e. if one party is found to be at fault for the breakdown of the marriage , the other party could receive more of the marital assets . Adultery could also ( not always) act as a bar to receiving spousal support
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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sammo
Bronze
Reged: 04/24/07
Posts: 43
Loc: Missouri
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Is it still adultry after 8 month separation?
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Someday your life will flash before your eyes, make sure it is worth watching.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2179
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It's adultery till you're legally divorced .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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gigi
Platinum
Reged: 11/06/06
Posts: 5041
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Yeah, but the other party is going to be hard-pressed to prove that DATING is adultery (proof of adultery is nearly impossible without a photo of the act OR an admission), and even if they prove it's adultery, how are they going to prove that a romantic relationship that started 8 months after separation in any way led to the breakup of the marriage.
As a fault-based reason to change the distribution of property, it sucks. It's possible, because the laws on teh books allow it, but in practice...??? nah. Don't worry.
If you've met a person you like, and it's been 8 months since separation, only the most puritanical of onlookers would be offended if you ask her out to coffee or a movie or EVEN a kiss goodnight after the date. Your ex will have cause to be angry, maybe... because ...
well, look at the thread on open marriage ... people may THINK they don't want you any more, but when you find someone new they get all offended. And THAT won't matter whether you're divorced already or not for that to happen.
Only real question is whether you are depending upon your stbx's goodwill for anything, becasue if your stbx finds out you've decided you are romantically interested in any other person, they you'll lose their good will.
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sammo
Bronze
Reged: 04/24/07
Posts: 43
Loc: Missouri
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Met with lawyer today, he said end it asap and look as clean and pure as I could, hope stbx does'nt push the matter or I would probably loose big time in the settlement. It really stinks, like you said he does'nt want me but if I find a new interest before the divorce it only hurts me in the end. I've been married 29 years didn't think it would end this way!
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Someday your life will flash before your eyes, make sure it is worth watching.
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