If you have filed for divorce is itOK to move in with another woman?

UPDATED: Jul 9, 2011

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If you have filed for divorce is itOK to move in with another woman?

Asked on July 9, 2011 under Family Law, Tennessee


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Dating after separation but before filing for divorce is not advised. In fact, some states adultery is grounds for divorce. However, your situation is different - you have already filed. As a general rule, once a divorce is filed, there is no issue as to adultery. The filing is deemed a "date certain" that the marriage is in the process of being dissolved.  Basically, this means that the court will assume that at the point the filing meant that as far as the parties were concerned the marriage was really over and the they were moving on their separate ways.

That having been said, in your case you are not simply dating you are co-habitating. This can make negotiations and settlement a bit more complicated and adversarial.  Additionally, in some states co-habitation can affect the determination of if, and how much, alimony should be granted. It can also factor into custody/child support considerations.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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