Recognizing the Effect that Dating can Have on Alimony and Custody

In the state of Georgia, if a person engages in any type of sexual activity with someone who is not his or her spouse before filing for divorce, that individual in the eyes of law will be viewed as having committed adultery. If a person decides to date someone after filing for divorce or separation, courts in Georgia will often not view this factor as impacting the division of property between a couple. Dating during separation or while matters are still pending in a family court of law, however, can have a substantial impact on a number of factors including alimony, child custody, and visitation rights.

How Dating can Impact Alimony

Dating before final orders are signed by a judge can interfere with your ability to receive alimony. If the spouse who is required to pay alimony argues that the reasons the marriage did not lost is due to the person whom you are dating, it is also likely that a judge will deny your request. Dating also has the potential to affect a person’s ability to receive alimony if that individual decides to move in with the person he or she is dating. If a judge learns that a person receiving alimony has moved in with someone, it is likely that the judge will either reduce or prevent the other former spouse from paying alimony.

How Dating can Impact Child Custody

Georgia law regarding child custody awards states that judges must act in the best interest of the children when award custody. This means that judges must determine what the best home environment for a child would be. If a judge learns that one partner has been dating someone who has been staying overnight at the residence, there is a chance that the judge will not believe that the partner is creating a stable and loving home for the child.

In the state of Georgia, children who are 14 years of age or older are able to decide the parent with whom they would like to live. If you are dating someone who does not get along with your children, it is likely that the children will decide to live with the other parent.

How Dating can Impact Visitation Rights

In situations in which a judges award visitation rights and later determines that the parent is dating someone who is spending time with the children during the visits, it is possible that the judge will restrict visitation rights. As a result, even visitation rights can be negatively impacted by the decision to date someone new.

Speak with an Experienced Family Law Attorney

Considering whether to date is a personal decision. In many cases, however, dating before everything associated with your divorce is resolved has the potential to cause a substantial number of negative effects. If you have any additional questions about divorce or need help during this challenging time, you should not hesitate to speak with an experienced family law attorney. Contact Vayman & Teitelbaum P.C. to schedule a case evaluation.

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