Legal Question in Family Law in Texas

Re: Legal Separation

This would depend upon the judge. First, a sexual encounter is still considered to be adultery until the actual divorce. That is a "fault" ground for divorce and can cause the court to use it in determining children's issues and property issues.

Most judge's, however, don't seem to care if a person is dating as long as the children are not involved (i.e., present with the new person) until after the divorce.

Generally, I tell my clients that they would be better off not dating at all until after the divorce is final. If it is not too contentious, that should not be long. If it is contentious, then you don't want to give the other side any ammunition. Clearly, having the other man sleep over when the kids are there would be asking for trouble. Earlier this week, in a case in which I was not involved, I heard a judge grant a divorce and order that the children are not to be in the presence of any "paramours" (sexual partners of either spouse) for one year. I did not get to hear the evidence in that case, but it must have been extreme.