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Even in no-fault divorce states, it is still possible for marital misconduct to be factored into decisions depending on the circumstances involved.
It is also possible for the new relationship to be considered in the division of property or spousal support determinations, potentially impacting the amount the dating spouse may receive if he or she is living with a new partner.
Once you and your spouse make the decision to divorce, you might think it is an acceptable time to embark on a new chapter and start dating.
Even though it might be expected from law firms that a divorce is likely contentious, even amicable ones need legal representation to help you through the complexities of divorce and family law.With three locations throughout South Carolina in Beaufort, Columbia, and Myrtle Beach, Lester and Hendrix is able to help you resolve your family law issues.Please contact us with your legal concerns by phone or online.Barrington divorce attorney Blake Austin Culver at Richard W. can help inform you about the potential issues pertaining to dating and divorce, such as:(1) Dissipation Claims: If a spouse has spent marital funds during the irretrievable breakdown of the marriage on a new girlfriend or boyfriend, that spouse may have dissipated marital assets.(2) Impact on Property Division: As a result of dissipation and the loss of marital funds, it can be argued before the Court that a spouse's property distribution should be reduced.(3) Impact on Parental Responsibility/Child Custody: If a spouse's new girlfriend or boyfriend has a negative or improper influence (due to alcoholism or substance abuse) on the children, it can be argued before the Court that sharing significant decision-making, including education, extracurricular activities, health care, and religious training, would not be in the best interests of the children.(4) Impact on Parenting Time/Visitation: It can be argued before the Court that a spouse's parenting time/visitation with the children should be curtailed if a spouse's new girlfriend or boyfriend has a negative or improper influence on the children.(5) Impact on Alimony: If a spouse has moved in with a new girlfriend or boyfriend, that spouse may have no need for spousal maintenance (alimony).(6) Overall Costs of Divorce: Due to a new girlfriend or boyfriend, and the possible resulting litigation, the overall costs of divorce may significantly increase.Dating during divorce is complex, with so much to consider.
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