The divorce process can be complex and can take some time to complete. While you are separated from your spouse and heading toward divorce, you probably do not want to put your life on hold. Wisconsin requires you and your spouse to live apart for at least a year before you can complete your divorce. Many people wonder whether they can live with someone else while they are going through a divorce. An experienced divorce attorney will help you through the process.
Is it Against the Law to Date During a Divorce?
Wisconsin law makes it illegal to commit adultery. An extramarital affair that includes a sexual relationship is a Class I felony in Wisconsin. Adultery laws have been in effect since 1849. However, adultery charges have rarely, if ever, been enforced in the recent past. In general, spouses are allowed to handle adultery accusations through the divorce process. Although adultery may not be criminally prosecuted, participation in adultery could negatively impact your pending divorce.
Risks of Dating While Going Through a Divorce
There are potential risks that you will take if you decide to date or move in with someone during a divorce. Dating someone else before your divorce is finalized could impact various areas of your settlement, most notably in the areas of child custody and visitation. It is certainly riskier to participate in a serious relationship with someone else if you have children. Wisconsin is a no-fault divorce state, so it is not a direct factor in the basic settlement terms.
Impact of Adultery on Divorce in Wisconsin
Living with someone else before you are officially divorced may be thought of as adultery. Marital misconduct, such as adultery, is not typically a consideration in the equitable distribution of marital property. However, in some cases, the judge may take marital waste into account when deciding the division of assets. Adultery may impact your custody and visitation arrangements. Generally, the courts will not take marital misconduct into consideration when determining alimony, also called spousal maintenance.
Should I Wait to Move in With Someone?
While every case is different, it may be wise to wait to move in with someone new until your divorce is final. It is a good idea not to flaunt your new relationship. Refrain from making online posts, and do not put photos of you and your new partner online. It cannot help your divorce situation, and it may actually hurt it. If you have children, you will want to be particularly careful about introducing your children to your new partner. It can be harmful to your custody and visitation requests to sleep in the same room with your partner when your children visit. This situation may be viewed by your spouse as having a negative influence on the kids and could result in some restrictions on your visitation.
At Moen Sheehan Meyer, Ltd. we are here to answer your questions and help guide you through the divorce process. Contact us at (608)784-8310 or online to schedule a consultation.