Dating while going through divorce tennessee dating and chat no
In making this determination, the court naturally focuses on the parents’ past conduct, during the course of the marriage.If infidelity has caused a spouse to be neglectful on some level to a child, it is an argument in favor of the other parent being awarded sole decision-making authority and primary residential parent status.Your client’s morals can be called into question even if he or she had been perfect prior to separation.The other spouse may try to use your client’s post-separation romantic adventures as evidence that the breakup of the marriage was your client’s fault, even if it is not true and even if the meeting of the new love interest did not occur until after the parties’ separation. If there is any allegation of pre-separation adultery, such conduct post-separation will certainly not encourage the judge to believe that pre-separation behavior would have been any different. How Extramarital Relationships Can Impact the Lawsuit and Beyond Judges and experts who assist the court in making custody and parenting time determinations are generally not impressed with parties who date during divorce proceedings.
Tennessee’s alimony statute declares that in determining alimony, one of the factors that the trial court is to consider is “the relative fault of the parties in cases where the court, in its discretion, deems it appropriate to do so.” This usually entails the court considering the fault of the offending party in making its alimony determination.After all, “[a] wife [or husband] whose marriage has been shattered by [her] husband’s [or his wife’s] misconduct should not be left in a financial condition inferior to her [or his] economic situation prior to the parties’ divorce.” In some situations, infidelity can be a factor in determining the amount of alimony the non-offending spouse pays to the spouse who was unfaithful.A judge has some discretion and flexibility in awarding alimony.If your client is under the impression that merely dating or keeping company with someone is acceptable because his or her spouse will be hard-pressed to prove that actual sex has taken place, he or she is wrong.In this state it has long been held that it is unnecessary to have direct evidence of illicit intercourse and that adultery can be proven rather by a mere preponderance of circumstantial evidence. Adultery or otherwise inappropriate marital conduct committed after separation is indeed a ground for divorce.