Legal Question in Family Law in New Jersey

Re: Dating while separated

Technically, there is no problem with this. Personally, you should be hesitant about allowing your minor children to know that you are dating because it may confuse them somewhat since you are not yet divorced. Also, sometimes the spouse argues that this is "adultery" even though that it is not and even though it has little or no impact on the issues involved in finalizing the divorce. Also, you should be aware that there is a line of cases in NJ that indicate that the "adulterer" may be barred or limited in his/her right to receive alimony, depending on the factual scenario. Bottom line - although from a legal standpoint, I would not view this as "adultery" and even though it has little or no impact, sometimes it causes other problems in the divorce proceedings. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

Re: Dating while seperated

You have not filed a divorce complaint and therefore your marriage is deemed to be intact. Dating would be grounds for a divorce, but it has no consequences so far as financial issues are concerned. There is the potential impact upon custody and visitation if it appears that you are not sufficiently discrete in exposing your children to your dating while still married.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com