Cohabitation dating divorce separation
Once your divorce decree is established, the terms become binding and are usually set in stone unless there has been a substantial change in circumstances.
If your divorce decree prohibits your ex-spouse from living with her boyfriend while she has custody of the kids, or her alimony award will be terminated if she moves in with him, these would be sufficient grounds for petitioning the court to make changes to your decree.
If state law or terms of the divorce decree permit alimony to be decreased, suspended or terminated if a former spouse cohabits with another person, the paying ex-spouse can petition the court to modify alimony once this happens.
Typically, the former spouse must move in with a romantic partner, rather than just a roommate, and live together for a certain period of time for the cohabitation to be actionable.
Whether a parent's cohabitation will affect a custody arrangement depends on several factors.
If the divorce decree includes a morality clause, also known as a paramour clause or cohabitation clause, the custody order can be affected.
Typically, demonstrating a substantial change in circumstances since the decree was established is all that is necessary, and the court will likely consider cohabitation as a substantial change, depending on the circumstances.
Although many courts don't take children's wishes into consideration, some will, especially under the circumstance where a child is uncomfortable with a parent's new partner.
Additionally, while every state is now a no-fault divorce state, marital misconduct can still be considered in some situations.
Marital misconduct can encompass a wide variety of actions, including adultery and cruelty.
Dating before a divorce is final is one of the typical issues that causes heightened conflict during a divorce.
The other spouse, if they are not dating, may develop the idea that the dating spouse was committing adultery even if that idea hadn't surfaced before.