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Will a relationship impact your divorce proceeding?

On Behalf of | Jul 15, 2021 | family law |

New Jersey law says nothing about dating during an ongoing divorce proceeding. You can enter into a new relationship if you are comfortable doing so. However, it is important to note that taking such a step could make it harder to negotiate a favorable settlement in a timely manner.

Do you share any children with your spouse?

If you don’t share any children with your spouse, it’s unlikely that a judge is going to spend too much time worrying about your relationship status. However, if a child was born during the marriage, it’s important to consider how a new relationship could impact his or her welfare. This is because it could play a role in determining how a child custody or visitation order is structured after the divorce becomes official.

Are you spending marital funds on a new partner?

Assuming that there is no prenuptial agreement, your spouse will likely be entitled to half of any asset acquired after the marriage became official. Therefore, it’s generally a good idea to refrain from using joint funds to pay for any expenses related to your new relationship. Otherwise, you may be accused of depleting marital assets. At a minimum, you’ll be required to repay any of the money that was taken out of a joint account.

Generally speaking, divorce settlements are based on your financial needs as opposed to who you choose to associate with. An attorney may use bank statements, tax returns or documents in an effort to help you obtain a favorable settlement. A legal adviser may also use multiple lines of evidence to show that you’re a good parent to your child. This might help you obtain parental rights to a son or daughter despite the presence of a new partner.