Legal Question in Family Law in New Jersey
dating?
I am seperated from my wife from spousal abuse and getting ready to file for divorce within the next 2 months...My therapist asked me if I am dating anyone?Is that legal?Am I allowed to move on?
3 Answers from Attorneys
Re: dating?
I suggest you hold off until the divorce is underway. You can move on, but at the same time, you can open yourself up to an adultery complaint.
I strongly suggest you get an attorney for the divorce. My initial consultations are always free, so call me at 732/247/3340 to discuss your case.
Re: dating?
This a no fault state; an adultery complaint has no effect on anything except, if proved, a divorce is granted.
On the other hand, if you have children you must exercise great care that the children and your girlfriend
are not in the same space while the divorce is pending because that will cause all hell to break out in an otherwise sane divorce proceeding.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: dating?
There is no legal bar against dating. Although your spouse may state that this is "adultery", this only gives a "cause of action", that is the right to obtain a divorce under those grounds. It has no impact on any of the issues (child support, custody, equitable distribution, etc.) and the manner in which they are determined.
On the other hand, from a practical standpoint, the emotional anger from your spouse may make it difficult to settle otherwise easy issues. You may want to keep a low profile in that regard until all of the issues are resolved.
Keep in mind that this advice is given based on the little bit of information that you have
provided in your question. My advice may change based on other information. Further, no one
can rely on advice from an attorney who has not been retained. You cannot rely on this advice
because we have not personally met and you have not retained me as an attorney. If you have not
already done so, you should immediately meet with an attorney for a full consultation before you
take any further steps. You may feel free to call me to discuss this matter in more detail. If you
do so, mention Law Guru and your first one hour of time will be free. Good luck! Rob Gleaner