Dating while going through divorce tennessee stock options backdating sarbanes oxley
It is also not unheard of for a judge to remove custody from the de facto primary caregiver who has made the fatal mistake of taking his or her children around a paramour before the divorce is final.
Infidelity can also affect the extent of an alternate residential parent’s parenting time with a child. In the words of The Hon.
Your client’s morals can be called into question even if he or she had been perfect prior to separation.
The other spouse may try to use your client’s post-separation romantic adventures as evidence that the breakup of the marriage was your client’s fault, even if it is not true and even if the meeting of the new love interest did not occur until after the parties’ separation. If there is any allegation of pre-separation adultery, such conduct post-separation will certainly not encourage the judge to believe that pre-separation behavior would have been any different. How Extramarital Relationships Can Impact the Lawsuit and Beyond Judges and experts who assist the court in making custody and parenting time determinations are generally not impressed with parties who date during divorce proceedings.
If it were not, then, in the words of our Court of Appeals, “any spouse is privileged to ‘move out’ of the marital home and cohabit with another without creating a ground for divorce.
Such an interpretation of the statute would largely emasculate its intent and effect.” Furthermore, “[i]t surely takes more than a mere separation of the parties to terminate the obligations incurred when the parties voluntarily entered into the marriage contract.” This has long been the law in our state, as our Court of Appeals opined nearly 60 years ago that the trial court in a divorce action can properly consider matters occurring after the divorce complaint has been filed, as long as such matters have been incorporated therein by amendment or supplemental complaint. Many clients find this perplexing because they feel that once a divorce complaint has been filed, that signals the end of the marital relationship.
A spouse who is carrying on an extramarital relationship during divorce proceedings should be aware that spending marital assets in pursuit of this other relationship can violate the statutory injunction that automatically becomes effective upon the filing of a divorce complaint. The legal ramifications of dissipating marital assets in pursuit of an illicit romance can be manifold: an adjudication of civil or criminal contempt for violating the statutory injunction; an adjustment of the division of marital assets to compensate the non-cheating spouse for the wrongful spending of the other; and/or a downward or upward adjustment to a potential alimony award, depending on whether the cheating spouse is the alimony recipient or obligor, respectively.If your client is under the impression that merely dating or keeping company with someone is acceptable because his or her spouse will be hard-pressed to prove that actual sex has taken place, he or she is wrong.In this state it has long been held that it is unnecessary to have direct evidence of illicit intercourse and that adultery can be proven rather by a mere preponderance of circumstantial evidence. Adultery or otherwise inappropriate marital conduct committed after separation is indeed a ground for divorce.In making this determination, the court naturally focuses on the parents’ past conduct, during the course of the marriage.If infidelity has caused a spouse to be neglectful on some level to a child, it is an argument in favor of the other parent being awarded sole decision-making authority and primary residential parent status.