Not only does dating or carrying on an extramarital relationship exhibit a lack of parental decision-making ability, it can create an environment that is detrimental to the child.Infidelity can impact the parent’s chances of being appointed PRP, perhaps even more so for fathers seeking custody.Dating while separated is marital misconduct, which the judge will consider as a factor in the case.Additionally, when one spouse is dating or carrying on an extra-marital affair during the period of separation, it is not a stretch for the court to assume that the same conduct was going on before the separation. The innocent spouse, through her divorce attorney, may allege that the dating spouse was at fault for the breakdown of the marriage.
Most experienced Tennessee divorce attorneys have witnessed how a client’s dating during the period of separation has thrown a monkey wrench into the divorce proceedings.Like ripples on a pond, the repercussions can affect family relationships for many years to come. In Tennessee divorce law, having sex with someone who is not your spouse prior to divorce, but after separation, is still adultery.Of course, dating does not necessarily lead to sexual relations, but it certainly can and often does.Proof of current misconduct can be used to establish past behavior, even if it did not happen that way. Do not date or have an extramarital affair while the divorce is ongoing.Doing so can significantly influence the judge and the outcome of the case.