If the new partner makes the children feel uncomfortable, whether it has to do with the partner personally or it's related to the children feeling that the partner may be at fault or contributing to the separation and divorce, this is likely to have an effect on custody decisions made by the judge.
As such, a spouse who decides to date during the separation is wise to keep the children and the new partner separate to avoid arousing these types of issues during the proceedings.
Further, your new partner may be subject to legal action as well, especially if your relationship began before separation.In some states, the spurned spouse can sue for "alienation of affection." An alienation of affection suit is when a spouse who was cheated on sues a third party essentially for stealing the other spouse and breaking up the marriage.In addition, in some states the new relationship may be considered in the division of property or alimony determinations, so the dating spouse may not get as much as they want out of the divorce depending on the new partner's financial circumstances.This is especially true if the dating spouse begins cohabitating with their new partner during the divorce process.Also, the relationship have begun prior to the married couple's separation.
Though alienation of affection and criminal conversation suits are not very common, they do exist.
Some states have laws stating that a spouse cohabitating with a parter of the opposite sex is presumed to have a decreased need for spousal support.
Dating before a divorce is final is one of the typical issues that causes heightened conflict during a divorce.
For example, the judge might disapprove of the dating spouse's behavior and develop a bias against them.
While such a bias is ostensibly unacceptable in the U. legal system, judges are human and biases are natural and even probable in some instances.
Although many courts don't take children's wishes into consideration, some will, especially under the circumstance where a child is uncomfortable with a parent's new partner.