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So if you made it this far I just wanna say thanks for reading my pointless bullshit. Dating While Separated Is Marital Misconduct in Tennessee Divorce Law 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.
They may search for love to help forget the bad times or just to have fun as they adopt a single lifestyle again. The spouses are living separately and apart, for a year or more in some cases, while Tennessee divorce proceedings are ongoing. Deciding to date while separated can have a significant impact on negotiations, mediation, and settlement. When spouses separate, they begin the mental process of shifting out of the marriage. This is important and a necessary step in moving on with life. Each spouse must learn to live independently of the other. But being separated is not the same as being single.
Until the marriage is dissolved, dating represents infidelity and that is not a good thing in Tennessee divorce. 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. Proof of current misconduct can be used to establish past behavior, even if it did not happen that way.
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Do not date or have an ddating affair while the divorce is ongoing. Doing so can significantly influence the judge and the outcome of the case. Impact of dating while separated on Tennessee alimony, custody, and property division Impact of Dating While Separated on Tennessee Alimony Marital misconduct is a consideration for the court in awarding Tennessee alimony. Dating or having an illicit affair while separated from a spouse is marital misconduct.
Talk to your lawyer about any extramarital relationships. Relations with another during separation is still adultery. Dating while separated is also likely to give rise to allegations of iin marital assets on a paramour. The injunction goes into effect when the divorce is filed. When spending anything but separate funds, dating can be a waste of marital assets and cause for the judge to hold the spouse in contempt of court for violating the injunction. Furthermore, waste can result in an unequal property division with the spouse who dissipated marital resources getting less in the divorce.
Dating while separated matters because, to obtain a divorce in Tennessee, the spouse who files the complaint must allege grounds for the court to dissolve the marriage.