Legal Question in Family Law in New York
Can a spouse date after being served with Divorce Papers
After divorce papers are served, can a spouse date someone else! And is it true that after the serving of papers are the husband and wife considered just X's until the divorce is final? Also, can the woman lose custody of her children if she is to date someone else while the divorce is not final.
3 Answers from Attorneys
Re: Can a spouse date after being served with Divorce Papers
In New York, once a divorce action has been commenced, there is no reason why both parties cannot begin to date.
Dating does not automatically lead to a loss of custody. If someone trys to tell you that, they have ulterior motives.
Re: Can a spouse date after being served with Divorce Papers
Answer to question 1. Technically, no. Adultery is a crime. NY Penal Law � 255.17 states that "a person is guilty of adultery when he engages in sexual intercourse with another person at a time when he has a living spouse, or the other person has a living spouse." Adultery is a class B misdemeanor.
Answer to Question 2. You are not considered divorced (or "xs") until a Judgment of Divorce is signed.
Answer to Question 3. Custody is determined by the Court as to the best interests of the child. There are a lot of factors to determine what are the best interests of the child. Simply dating another person (without any other issues) is probably not grounds to lose custody.
Mike.
Re: Can a spouse date after being served with Divorce Papers
The mere service of papers does not end
the marriage. All acts contrary to the
marriage contract, including dating, may
be used as grounds for divorce
The fact of dating can be a factor in determining
custody, as well as the background of
the datee
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