When couples in Maryland decide to separate, they may hope to find new companionship in the future, seeking solace after the breakdown of their previous marriages. However, it is important to understand that Maryland has established regulations concerning dating during a separation. Failing to comply with these regulations can lead to complex issues in the separation or divorce process.
Dating Again After a Separation
Following a separation from your partner, you might be contemplating dating again. However, engaging in dating and sexual activities with someone other than your spouse in Maryland prior to divorce is still considered adultery. Though this varies on a case-by-case basis, after the divorce is finalized, individuals are free to pursue new relationships without any potential implications.
Obtaining a Separation
If you and your partner lead distinct lives in Maryland for a minimum of six months, you are eligible to submit divorce paperwork based on the grounds of a “six-month separation.” This means that even if you reside in the same household, you can still be considered living separately if you do not engage in sexual relations. Alternatively, you can pursue an absolute divorce on grounds of irreconcilable differences, which does not require any specific separation period.
Legal Implications of Dating Before Divorce
Couples need to stay aware that exploring other relationships before a divorce is final may have legal implications, specifically in divorce proceedings. Although Maryland is a “no-fault” divorce state, and neither party must establish misconduct to get a divorce, certain actions and behaviors during the separation period, such as dating, can affect issues such as alimony, child custody, and property division:
Alimony
Engaging in romantic relationships during a period of separation can potentially impact the court’s ruling on alimony. If it is determined that a party seeking alimony has been involved in an extramarital affair during the separation period (especially if it began prior to separation), it may influence the duration and amount of money awarded.
Division of Property
In Maryland, marital property is divided using an equitable distribution approach. This means that assets and debts will be fairly divided but not necessarily equally. While dating itself may not directly influence this division, if a judge finds that joint funds were used to support this new relationship before a divorce was finalized, it could potentially affect the final settlement.
Custody of the Children
When it comes to the custody of the children, the court’s primary concern is the child’s well-being. For these reasons, if a person you are dating is found to impact the child’s welfare or introduce instability into their life, the court may consider it when making custody decisions.
Emotional Complications
While dating during separation does not necessarily lead to direct legal outcomes, it can have significant emotional implications for all parties involved in the situation. Consequently, it could complicate the divorce process and impact negotiations related to the separation agreement.
How Can a Lawyer Help When You Are Going Through a Divorce?
Working with an experienced Maryland divorce attorney can expedite the resolution of a divorce case. These legal professionals can also advise their clients to refrain from dating during the legal proceedings, explaining why they should exercise caution and be mindful of actions that could adversely affect the outcome of divorce settlements.
Moreover, these attorneys often have extensive experience with contentious divorces, especially those involving children. As a result, they can help clients better understand their legal options in these circumstances and assist in their next steps.
To Learn More About Dating Before Divorce, Contact Rice Law Today
If you are considering filing for divorce and would like to better understand the process and what it involves, reach out to Rice Law today to discuss your questions and concerns with a knowledgeable Maryland divorce attorney.
Blogs published by Rice Law are available for informational purposes only and are not considered legal advice on any subject matter. The reader understands that by viewing blog posts no attorney-client relationship is created between the reader and the blog publisher, Rice Law. The blog should not be used as a substitute for legal advice from a licensed professional attorney, and readers are urged to consult their own legal counsel on any specific legal questions concerning a specific situation.