Dating before the divorce is final
You probably realize that Indiana is what is considered a “no fault” divorce state.This means that even if you had an affair that led to the end of the marriage you will not be penalized for causing the downfall of the marriage.In the context of divorce law, you can "plead no contest" by abstaining from defending yourself against the allegations contained in your spouse’s complaint or petition for divorce.You might do this at trial or in depositions by invoking your Fifth Amendment right against incriminating yourself, depending on your state’s laws.Some states allow lawsuits for tort claims known as alienation of affection or criminal conversation.These lawsuits are brought against individuals who become romantically involved with a married person, alleging that the involvement caused the breakup of the marriage.Even then, you might want to give your kids time to adjust to the reality of your divorce first.Until 1967, adultery was the only grounds for divorce recognized by New York.
If your spouse names the person you’re dating in her initial or amended complaint, it legally involves that individual in your divorce lawsuit. Dating before your divorce is final and before a court decides custody issues can also affect your relationship with your children.
If your children are uncomfortable with what’s going on, they might not even want to spend time with you at first, and it’s not likely that a judge would force them.
By the time the dust of your divorce has settled, you may need to seek professional help to repair the damage caused by their hard feelings.
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It may not matter if your relationship with a new partner is not sexual.