How many years of separation from a marriage justifies dating? 24 Answers as of January 02, 2013

My husband left my daughter and I four years ago and feels he is justified to date and feels no judge would care about his dating because of the years apart. He began dating online before he left my daughter and I. How should this be handled?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
DO IT YOURSELF DIVORCE, pllc | Robert L. Willis, Jr
Michigan law allows for a divorce if the objects of matrimony have been severed and there remains no reasonable likelihood that the parties can no longer live together as man and wife. Please consult a family law attorney to determine your rights and obligations.
Answer Applies to: Michigan
Replied: 1/2/2013
Law Office of Barton R. Resnicoff | Barton R. Resnicoff
That he is dating will not directly effect any of the issues, whether custody, support or equitable distribution. However, his actions could effect some of these indirectly if he is using marital funds for his activities; if he is acting inappropriately concerning your daughter, it might effect his rights to see her. Has he been seeing the same woman all the time in a long term relationship; or has he introduced her to many women? That makes a big difference. NY is now a no fault state; the only fault that effects finances is economic fault or aggregious fault(an attempt at serious physical injury to you or your daughter).
Answer Applies to: New York
Replied: 12/27/2012
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
It depends on the judge, the circumstances (particularly if he brings the new girls around your daughter) the age of your daughter, etc as to whether or not the Judge will even care. Get a divorce and get it over with is the best advice anyone can give you at this point.
Answer Applies to: Texas
Replied: 12/26/2012
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
In Idaho, I doubt that a judge would give much credence to an adultery claim in a divorce action at this point. You really need to sit down with an attorney and give him or her all of the details to know what your options are.
Answer Applies to: Idaho
Replied: 12/26/2012
Harper Law Offices
Harper Law Offices | Charles W. Harper
You are married, period. Get single and then date.
Answer Applies to: Kansas
Replied: 12/26/2012
    TTLAW | Tristan teGroen
    In all honesty, some date while married. It is not illegal to have partners or lovers while dating. However, although legal, religious, moral and ethical values differ vastly. You should be divorced though before you remarry. Bigamy is not legal. If you have been separated for years, your new partner might still have reservations if you are legally in another relationship. You should reassess where you are going and what you want to be legally tied to. Merry Christmas.
    Answer Applies to: California
    Replied: 12/26/2012
    The Legal Center | Richard Manwaring
    There is not "time limit" of separation to justify dating. Dating while married is not neither criminally or civilly wrong in California. The truth is that the courts in California do not look at the infidelity in a marriage. I suggest you file for divorce. This would allow the court to make child custody and financial orders.
    Answer Applies to: California
    Replied: 12/26/2012
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    His dating is entirely irrelevant to any likely issue in a divorce. Wisconsin divorce is 'no-fault.' If you have been separated this long, and he is dating, it might be time for you also to start your new life but concluding a divorce.
    Answer Applies to: Wisconsin
    Replied: 12/26/2012
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    get a lawyer and get a divorce. and talk to a counselor about what harm this causes to your daughter.
    Answer Applies to: New Jersey
    Replied: 12/25/2012
    Elniski Law, P.C. | Keliann Elniski
    New York has revised its domestic relations law to include basically a 'no-fault' divorce. Grounds do not necessarily mean you will get 'more' out of a divorce than you are entitled. Why are you remaining married to a man who has not been committed to you for four years and then some apparently? It seems that you are not listening, from the limited information, to your husband's cheating and abandonment. Seek counsel and file for divorce so that all the assets, etc of the marriage are not squandered and/or debts are not accumulated for which you will bear responsibility.
    Answer Applies to: New York
    Replied: 12/24/2012
    Law Office of Beth Jackson Day | Beth Jackson Day
    A judge won't care but get a divorce already. Get it on grounds of adultery. Very easy.
    Answer Applies to: Maryland
    Replied: 12/24/2012
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Maybe its time for a divorce? What in the world are you waiting for? What the judges will care about is the fact that he is using marital assets to date. The judges will also care about the fact that you and he have been married for over three years. That means your husband may be liable for spousal support. And if none is assigned yet, the judges will care whether your daughter is receiving child support. Please contact a local family law attorney today to find out how to stand up for your rights.
    Answer Applies to: Ohio
    Replied: 12/24/2012
    I don't understand. Why have you not divorced him? Realistically, it is doubtful his infidelity, either pre or post separation would have much effect.
    Answer Applies to: Georgia
    Replied: 12/24/2012
    Mary W Craig P.C. | Mary W Craig
    Why haven't you gotten a divorce? This man cheated on you, then left you and your daughter. He has no interest in you and wants a relationship with someone else. You must have your reasons for staying in what you think is a relationship, but I suspect you will not find any judge who will sanction your husband for dating. Adultery is a crime in the military, but you won't find a state court that will do anything about this
    Answer Applies to: Alabama
    Replied: 12/24/2012
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    So long as the child is not being harmed, the judge will not care about either party's dating. Your best bet is to move on.
    Answer Applies to: California
    Replied: 12/24/2012
    Peyton and Associates | Barbara Peyton
    California is a no fault divorce state. That means that your husband's personal life is not relevant to dealing with the issues of a divorce. Those issues are: child and spousal support, attorney fee payment and distribution of assets and debts in addition to returning both spouses to the status of unmarried people. Even though your husband began dating even while he was still living with you, the courts will not consider that conduct in finalizing your divorce.
    Answer Applies to: California
    Replied: 12/24/2012
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    Dating during separation is a moral question, and not a legal question. The court would not consider this dating conduct in making its decisions.
    Answer Applies to: Washington
    Replied: 12/24/2012
    John Russo | John Russo
    He may just be correct, he left 4 years ago and you have chosen not to do anything, now if one you files a petition for divorce at time you want the court to take into consideration conduct that you decided not to do anything about for 4 years, most Judges in day and age do not put as much weight on the boyfriend, girlfriend issue that they did in years past. You have been living separate and apart for the past 4 years but there is a distinction between that and being separated from a legal perspective.
    Answer Applies to: Rhode Island
    Replied: 12/24/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I suspect that after four years of separation there will be little relevance in the continued separation or divorce that he is dating.
    Answer Applies to: Michigan
    Replied: 12/24/2012
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    California has no-fault divorce. A Divorce court would not be interested in or concerned about your husband's dating, even if it started before the separation.? Post-separation earnings are the separate property of the earner, so your husband can spend his earnings as he wishes.? You should deal with your own therapist about how to emotionally handle your husband's dating, and whether or not you wish to file a a Divorce or Legal Separation case.? If you wish to end the marriage or get a Legal Separation, you should retain an experienced local Family Law Attorney to advise and represent you.
    Answer Applies to: California
    Replied: 12/24/2012
    Richard D. Zasada, LLC | Richard D. Zasada
    I hate to say it but dating after separation plays little part in the decision a court makes in a divorce. As long as the children are safe and he is not doing anything that is morally objectionable in front of the children the court will not care. If he is spending marital funds on another woman that is a different matter and it could come into play in any equitable distribution issue. The court will try and do what is in the best interest of the child.
    Answer Applies to: Florida
    Replied: 12/24/2012
    The Court does not care about dating. Infidelity is irrelevant for divorce purposes.
    Answer Applies to: California
    Replied: 12/24/2012
    Law Office of Eric S. Lumberg | Eric S. Lumberg
    Whether he is dating or not, you are still married and any divorce action would take that fact into consideration. This fact may affect any support or other property issues if he is spending marital funds on this dating. Consult with an attorney to discuss this issue further and determine how best to proceed.
    Answer Applies to: Michigan
    Replied: 12/24/2012
    Law Offices of Hal Wright
    Law Offices of Hal Wright | Hal Wright
    California is a "no fault" divorce state. A judge would not care unless his dating habits are, in some serious way, detrimental to the child.
    Answer Applies to: California
    Replied: 12/24/2012
Click to View More Answers:
12 3 4 5 Free Legal QuestionsConnect with a local attorney