Dating while separated in pa

Should I Date While My Pennsylvania Divorce Is Pending?

When you are going through a divorce, you may wonder whether you should be dating and if you do how it will impact your case. Once you are separated, even though the divorce is not yet final, you are permitted to date without it being considered grounds for adultery in the legal arena. While adultery is a factor in the consideration of an award of alimony, it refers to relationships that began prior to a separation not after. Once a divorce complaint is filed you are clearly separated and for some that may now involve the choice to date. If you are entitled to support or alimony, you may date both during the divorce or afterwards. As long as you do not cohabitate, it will not affect your alimony award.

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Separate and apart falls under section of the Pennsylvania Divorce Code. Under the code, this term means a married couple ceases to cohabitate, whether living in the same residence or not. While this may seem like an unusual concept, many couples proceed with a separation as it gives them time to reflect on their marriage before committing to a formal divorce. Additionally, separation rather than divorce may bring financial benefits such as:. It is common among couples who are living separate and apart to remain in the same home, either for financial reasons or because one spouse may be unable to work up the courage to leave the family home. Either way, the couple may continue living separate and apart in the same home if it is established that they maintain separate bedrooms, meals are eaten apart from one another, entertaining as a couple is no longer occurring, and sexual relations have ended. If the parties engage in sexual relations, this does not by itself indicate that the parties resumed the marital relationship.

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Simply put, a divorce is a legal end to the marriage when the Court issues a decree in divorce. This means that there is an end to cohabitation, but the couple continues to be married to one another.

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A Guide to “Separate & Apart” in Pennsylvania Divorces

When your marriage has ended and you are waiting for your divorce to be finalized, you may be wondering whether you are able to date someone new while waiting to be officially divorced from your soon-to-be ex. As you can imagine, dating while still married can bring up some complications as your divorce is processed through the court system, so you should speak with your attorney about the individual details of your case before you continue a romantic relationship or begin a new one. Below, we discuss what fault-based divorce is and why dating other people may have an impact on your divorce settlement. When seeking a divorce in Pennsylvania , the grounds for your divorce must be either fault-based or no-fault based. In a no-fault divorce , neither party is blaming the other for the demise of the marriage; it has simply irretrievably broken down.

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