Separation agreement and dating
” is yes, BUT it’s best to consider any legal consequences dating could have on issues related to your separation such as negotiating a separation agreement, spousal support (post-separation support and alimony), or child custody.Generally, if you’ve met someone for the first time AFTER you separated, it’s probably okay to date (but see above), and if your spouse is dating someone, it’s generally acceptable for you to date (but see above ☺).In some states, adultery is a crime, although it is rarely prosecuted.In states that still recognize fault-based divorces, adultery has more of an impact.Whether you were unhappy in your marriage for a long time prior to separating, or as the months have passed after your separation you find that you miss the companionship of another person, it’s reasonable to ask about dating.Many people enjoy having a special “someone” to share their free time with and waiting the “year and a day” from your date of separation to file for divorce can seem daunting without companionship and support. The more tempered and reasoned answer to “Can I date after I separate?
Some states, such as New Jersey, call this a divorce from bed and board.
A separation agreement is a binding contract, but the contract is between the spouses and doesn't involve the court until they’re divorced and it becomes part of a decree. In other states, legal separation is a process similar to divorce.
One spouse must file a petition with the court and a judge decides issues of property, support and custody, much as he would in a divorce.
If a man begins dating during a legal separation in one of these states, and if his wife can prove that the relationship is sexual in nature, she can usually file for divorce on grounds of adultery.
This can affect issues of property distribution and alimony.And remember, a year in the grand scheme of things is a relatively short time.