Law dating separation divorce dating while separated canada
This is a question I am frequently asked; and although the technically correct answer is “yes,” my advice is usually “NO!
” Such advice, however, bears further clarification of context.
Legal separation occurs, for the purposes of eligibility for divorce, on the date when one or both spouses move into a separate residence with the intent of living apart permanently.
However, spouses are still legally married when they separate by this method. Adultery requires that sexual contact exists between a married individual and someone other than his spouse.
Scenario Three If you are engaged in a hotly contested negotiation or litigation with your separated spouse over child custody, child support, alimony, or property division, and you have only been separated say, less than six months, then it is not in your best interests to begin a dating relationship with another person.
An outside dating relationship can affect the emotional dynamics of those negotiations and frequently makes the process significantly more difficult.
Legal separation can mean different things in different states, so it should come as no surprise that the laws regarding dating after legal separation are also somewhat inconsistent.
To further complicate matters, the Uniform Code of Military Justice has its own laws regarding adultery among members of the United States military.