Cohabitation dating divorce separation
Dating before a divorce is final is one of the typical issues that causes heightened conflict during a divorce.
The other spouse, if they are not dating, may develop the idea that the dating spouse was committing adultery even if that idea hadn't surfaced before.
The parent with physical custody provides a home for the child, whereas the parent with legal custody makes important decisions concerning the child's upbringing, such as schooling and religion.
Either form of custody may be held by one or both parents, although it is common for one parent to have physical custody and both parents to share legal custody.
Even if a morality clause is not present in the decree, the other parent could still challenge custody by arguing the arrangement is not in the child's best interests because the boyfriend, for example, abuses drugs or alcohol or has been convicted of a sexual offense.
Another area of the divorce decree that may be affected by cohabitation is alimony.
Additionally, while every state is now a no-fault divorce state, marital misconduct can still be considered in some situations.
Marital misconduct can encompass a wide variety of actions, including adultery and cruelty.
Although state laws vary, custody usually falls into two categories, physical and legal custody, although the names are sometimes different.
Once your divorce decree is established, the terms become binding and are usually set in stone unless there has been a substantial change in circumstances.
If your divorce decree prohibits your ex-spouse from living with her boyfriend while she has custody of the kids, or her alimony award will be terminated if she moves in with him, these would be sufficient grounds for petitioning the court to make changes to your decree.
When one spouse is dating, the other spouse is likely to be resistant to shared custody agreements as well.
A divorce and the prospect of a new partner replacing them is often too much for a spouse to cope with, and may cause disagreements and unwillingness to come to a compromise with regard to custody arrangements.
During the proceedings, the fact that a dating spouse is already separated will be noted, but that does not necessarily mean the circumstances of the new relationship will not be considered.