Legal Question in Family Law in Pennsylvania

Can you date while divorce is pending

My husband committed adultery and filed for divorce. Now he told me he may change them and file for adultery if he can prove I have a boyfriend now. We have been separated over 3 years. Can he do this? Are you not allowed to date while divorce is pending?


Asked on 4/29/04, 3:22 pm

1 Answer from Attorneys

Ilene Young Young Law Offices

Re: Can you date while divorce is pending

You are allowed to date while a divorce is pending. While there is no "legal" separation in Pennsylvania, adultery, as a grounds for divorce, relates to extramarital sexual relations prior to final separation of the husband and wife to the marriage. However, it has occasionally happened that adultery was proven through evidence of post-separation sexual relations if it can be shown that the close relationship between the adulterous spouse and the person whom he or she had a relationship with existed prior to separation.

With a no fault divorce, following a separation of two years, a party can file an affadivit asserting irretrievable breakdown of the marriage and the requisite separation period to obtain a divorce decree. Your attorney can advise you as to your own particular circumstances.

I wish you the best.

Ilene Young, Esquire/ Civil & Family Practice

Bucks, Montgomery and Philadelphia Counties

215-444-0445

As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.

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Answered on 5/11/04, 9:36 pm


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