Separation and divorce proceedings in New Jersey can be lengthy. Some people are ready to move on romantically or seek companionship before their legal case is over. No law prevents you from dating while legally separated in New Jersey.
However, it could negatively affect your divorce or legal separation proceedings. It is best to work with an experienced family law attorney so you understand the risks and take steps to protect your legal interests.
New Jersey: Divorce and Separation
New Jersey allows for no-fault divorce, including irreconcilable differences and separation of at least 18 months. Spouses do not need to allege infidelity or another fault-based reason to end their marriage.
The state also recognizes “divorce from bed and board,” a limited divorce similar to a legal separation in other jurisdictions. In this arrangement:
- The couple remains legally married
- Neither spouse can remarry until the limited divorce is converted to an absolute divorce
- Both spouses must consent
- A settlement agreement must address property division, alimony, and custody
Even though dating is not prohibited during a separation or limited divorce, it can still affect court proceedings in significant ways.
How Dating Can Affect Various Aspects of Your Divorce or Separation Case
While dating is legally permitted during your separation, it can still be considered adultery under the law and entitle your spouse to file for divorce on fault-based grounds. Additionally, dating could affect the following areas of your divorce case:
- Property division: Dating during a separation could impact property division if marital assets were used to fund a new relationship, such as taking a new love interest out on extravagant dates or giving them lavish gifts.
- Alimony: Dating can also affect spousal support determinations if you begin to cohabit with a new romantic partner. This can affect how much income the court imputes for your household and could even eliminate alimony.
- Child custody: Your spouse may try to use your dating history against you in a child custody battle, such as implying that you are promiscuous, not focused on your children, or introducing your children to problematic characters with substance abuse or domestic violence issues.
Understanding these potential consequences can help you make informed decisions during your divorce.
Dating Tips During Divorce in New Jersey
If you have decided to date during divorce, here are some tips to help you minimize the potential damage that this can have on your divorce or separation case:
- Take it slow: The court does not want to see you jump from one marriage to another. Living with your new partner could also cost you alimony, so keep this in mind as you navigate your new relationship.
- Talk to your spouse: Make sure that your spouse is on the same page as you on dating and does not have hopes of reconciling. It’s less likely that dating will negatively harm your case if your spouse is also dating or has given you their blessing. You could include a stipulation in your separation agreement stating that it is fine for the spouses to date.
- Be discreet: Avoid posting about your new relationship on social media. Even if your spouse is generally fine with you starting this new chapter of your life, they may not want a constant reminder of it on their social media feed. This could cause tension and resentment during divorce proceedings.
- Keep your children separate: Wait to introduce your children to your new love interest until after the divorce, and when things get more serious.
Finally, seek legal advice from an experienced divorce attorney.
Contact a Monmouth County Family Lawyer Today
If you are considering dating during your separation in Monmouth County, New Jersey, first speak to an experienced divorce lawyer from The Law Office of Jennifer J. McCaskill, LLC. We can discuss how this decision could affect your legal case and ways you can minimize the risks during a free case evaluation.
To learn more and get the help you deserve, call The Law Office of Jennifer J. McCaskill, LLC, our divorce & family law firm in Red Bank. NJ is ready for anything. Call us at (732) 747-1882 or contact us online today.
You can also visit our law firm at 157 Broad St #111, Red Bank, NJ 07701.
