I have been separated from my wife and marital home since February 2014. My wife initiated the divorce proceedings in the summer of 2012, but our separation papers are still being finalized due to financial agreements.
We have had no marital relations since May 2012, although we coexisted in the home until last February. Infidelity was not the reason for our separation.
Will I be penalized for dating during divorce?
I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only provide you with general tips on your situation.
However, I can tell you that many states are no-fault divorce states, meaning that the reasons for the divorce are not relevant when considering the division of marital estate and are often not relevant as it relates to custody and parenting time, depending on the reasons.
If you state is a no-fault state, you will likely not be penalized in an official way. Even if your state does consider fault, if you are just now starting to date, it would likely not be considered a reason for divorce proceedings that began over two years ago.
Judges should not consider this type of information when rendering their decisions; however, keep in mind that some do and it could affect you, even if you are not outwardly and formally “penalized” for it.
Remember, I am unable to provide you with anything more than tips in your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.