Legal Question in Family Law in Texas

Legal Separation

My future ex husband would like full custody of our daughter, I am afraid of even being seen with another male at this point, we are separated and papers have been filed, our court date is coming up...when are you legally separated or at what point can he not use what he may consider ''dating'' against me with our daughter or is there a time before the divorce is finalized?


Asked on 11/13/02, 4:44 pm

1 Answer from Attorneys

Bob Leonard Bob Leonard Law Group, PLLC

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.

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Answered on 11/15/02, 2:00 pm


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