Post-Separation Dating And Relationships

Post-separation dating can be used as evidence of adultery occurring during the marriage. If there was no illicit sexual conduct before the date of separation, then post-separation dating is not relevant to a claim for post-separation support or alimony. However, a paramour who stays overnight when your children are present can be ground for denial of custody or visitation. You should be forewarned that you will likely be asked under oath at a deposition or at trial about any dating or romantic relationships and it would be perjury to answer falsely. You may plead the Fifth Amendment privilege against self-incrimination under certain limited circumstances.

Also, your spouse might file an action for alienation of affection or criminal conversation seeking substantial money damages against your paramour based upon sexual intercourse with you or substantial interference with the marital relationship either before or after the date of separation. Please let us know about all such actions on your part so that we can be prepared to respond to these circumstances. On the other hand, if your spouse might be engaging in any such conduct, you should inform us immediately so that we can discuss obtaining proof through a private detective. Under no circumstances should you discuss any such steps we might take with your spouse or do anything else which might alert your spouse to this.

You Can Speak With Us In Confidence

Are you concerned about your spouse's ongoing relationship while your divorce is in progress? Regardless of the circumstances, our team at Scott Law Group, PLLC, can help you understand your options and protect your interests.

Call our Kernersville, North Carolina, law office at 336-310-8569, toll free at 800-566-2907 or take a moment and complete our email contact form.