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If I file for a divorce through my clerk of circuit court and takes time for the divorce to be finalized can I date someone?

Gurnee, IL |
Filed under: Divorce

been separated for at least two months living in two separate households also separated emotionally for at least six months..

I should clarify I don't agree with exposing my child to the person I'm dating until the divorce is long finalized..we have only spoke over the phone but want to meet up when he comes into town...I'm filing next week but the court date could be for at least a month or two out from when we filed..he's coming into town before that may happen..

Attorney Answers 5

Posted

The issue of whether or when you date is not a legal issue. Its a matter of your choice.

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Asker

Posted

isn't it considered adultery if we aren't legally divorced yet only filed?

Peggy M. Raddatz

Peggy M. Raddatz

Posted

it most certainly can be a legal issue

Gary L. Schlesinger

Gary L. Schlesinger

Posted

yes, it is considered adultery.

Posted

if you have children, the judges in lake county do not like people in your situation exposing the children to new partners until the divorce is final.

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Asker

Posted

I have no intentions of exposing my child to the other person I'm dating I was just worried if would affect custody with my child before the divorce is finalized but the paperwork is only filed..waiting for a court date..

Gary L. Schlesinger

Gary L. Schlesinger

Posted

it may effect custody before the divorce is granted. best if you consult with a lawyer.

Posted

It is always better if there are children to legally end and finish one relationship before you start another relationship. Children have a hard enough time understanding divorce and introducing another person in their life can really be hard for them and very hurtful.. That being said there is no law against dating another based on the facts presented.

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Posted

could it affect custody? do they consider that adultery if you have a physical relationship with someone? I will make sure my child is not involved whats so every until everything is finalized and I feel he's ready to meet the new person.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

You really need to discuss this with your lawyer and not on an online

Gary L. Schlesinger

Gary L. Schlesinger

Posted

yes, it is adultery to have sexual relations with a person not your spouse while you are married.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

I think her question is if she files for divorce and then dates someone else..................

Gary L. Schlesinger

Gary L. Schlesinger

Posted

yes, that is what she means. but judges in lake county do not like introducing the new person to the kids pre judgment. they frequently enjoin it. also there is the dissipation issue at kathryn mentioned. best to be not dating until the case is done.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

i agree with the Lake County judges. I wish Cook would adopt that type of policy but it is unlikely.

Posted

You should also be aware that any marital funds that are spent on purposes that are not marital (eg, a person you date) may be viewed as dissipation, which may require you to reimburse the marital estate for those funds spent by you or will be viewed as funds you have already received when the estate is divided. Something to consider when you "treat."

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Posted

You can date while the Petition for Dissolution of Marriage is pending; but, there is a risk of your spouse trying to use it against you either to claim you are dissipating (wasting) marital assets to support the dating or even if you are not having the child around the new significant other that it is effecting the child in a manner that is not in the child's best interest for custody or visitation. These details should not be broadcast over the Internet.

This is a general answer and does not address the specifics of your individual case. To give the specific answer you need our firm needs you to come in for a consultation.

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