Is it okay during Separation?

Question

My friends husband just recently left her for another woman she wants to move on and start dating again, but she believes that if she starts a romantic relationship be for their divorce is final or even filed that she will be just as wrong as he is when they go to court. She was told that the courts frown on cheating spouses. 1. Is it still considered cheating/having an affair if he walked out on her? 2. Will she have any problems when she go to court for their divorce hearing? 3. Is it ok for her to move on and start a new relationship?

SHE LIVES IN THE STATE OF MARYLAND.

SHE ALREADY HAS CUSTODY OF ALL THE KIDS

Answer 1

you need to give us a bit more information, such as what state they were married in... Some states are what you consider "No Fault" states - this means that regardless of the reason the marriage fell apart, nobody is to blame. The court looks at it as just irreconcilable differences and grants the divorce. If your friend lives in a "no fault" state, then the court will not even allow the fact that she has a new boyfriend to come into play in the divorce hearings.

Answer 2

I'm not sure how the law views it, but in my mind both spouses should wait until the divorce is final before they move on to other relationships. They are technically stilled married, therefore, it is technically cheating. I'm sure the courts do have a bias, b/c IF one of them would get married before the divorce was final it would be considered Bigamy.

Answer 3

I don't think there is anything wrong with her making new friends during her separation. A romantic relationship may complicate her life so I suggest she wait until her divorce is final. She is not cheating if she begins to establishes a new romance during the separation and it should not cause her problems. If these are concerns that your friend has then she should just wait until everything is finalized. Of course she should start to put her new life together

Answer 4

Your friend doesn't know if the soon to be ex-hubby may have private detectives gathering photo evidence of her pre-divorce court liasons; material gathered that can bring about an ugly adultery contention in his favor. But it's vice-versa, which is one of the reasons divorce court can get ugly.

Found "guilty" of adultery can award total custody of the childern to a spouse, who (female) gets child-support leverage or the (male) other spouse, seeking to be free of child support obligations.

Your friend should be very careful until the divorce is final.

Answer 5

I have a pair of friends going through the same ordeal. They separated and he is living with another woman. His wife (soon to be ex) is seeing someone currently and living elsewhere. It really depends on the circumstances (IE. children involved and who currently has primary custody, etc.) If there are no children involved and both parties are seeing other people, there isn't much argument to be made.

That usually falls under the category of "irreconcilable differences"

Answer 6

It's bad enough that dad left mom & the kids. Your friend should spare the kids the additional turmoil of watch her date new guys. She can start dating again when the kis have all turned 18. The kids shoul be her first prioirity now, not her love life.

Answer 7

depends on what state you live in, but if she starts a new relationship because her husband left her for another woman, what does that say? irreconcilable differences is a good one, if theres no kids involved, 250 bucks and everything is ok.

Answer 8

Finalize the divorce THEN move on -- until then she IS legally MARRIED, and the courts will see it as such.

Answer 9

I agree 100% bwith "ME".