If I’m not divorced but am physically separated from my wife, canI date?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I’m not divorced but am physically separated from my wife, canI date?
The uncontested divorce has not yet been filed yet. We’ve been separated since 09/10. She sleeps in the house and I sleep in the RV. Can I legally have someone visit with me in the RV even though the divorce is not done? The wife leaves the country for good in December.
Asked on October 22, 2010 under Family Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Legally, you can of course "date" any time you like--even while "happily married" (not divorced). There is no law that stops you. And if divorce remains uncontested, it should not matter. However, if the divorce turns contested, then the fact that you were "dating" while still married (even if separated) will be information considered during the divorce proceedings and could influence them against you. This is especially so when you've "only" been separated for not yet two months; also bear in mind that a phsyical separation is not a legal separation and has no effect on your marital status, obligations, etc.--in ALL legal ways, you are simply married as before (and, if it turns out or can be somehow shown you were involved with that person prior to the separation, it will look worse yet). While you should check with a matrimonial lawyer, who can evaluate all the specifics of your situation in confidence and detail, to be sure, I strongly suggest that the advice would be to simply not date until the divorce is final and the wife is out of the country...from what you write, that's only another few months.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.