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.
Married couples living apart may say they are “legally separated,” but South Carolina’s laws don’t provide for a “legal separation.” Instead, if a husband and wife are living separately, either of them may apply for an order of separate maintenance and support.
Like a divorce, an order of separate maintenance and support can provide for one spouse to make support payments to the other, determine child custody and visitation rights, decide who gets to live in the family home, and divide the couple’s property.
Having an order of separate maintenance and support is also not the same thing as being “separated” before filing for divorce.
If both parties have lived in South Carolina for at least three months, either party can file for a divorce in South Carolina.
Seeing someone else may also reflect badly on you when the court is making a custody determination, and could affect the court's decision to award custody by making you seem as if you are less concerned with creating a stable home for your child.
The bottom line is, seeing someone while not legally divorced can often create a host of legal problems for you.
Those going through a divorce in the state of South Carolina may wonder, "if you're legally separated in SC, can you see other people?
" The answer to this question is not as straightforward as it may seem.
Dating while going through a divorce can have a number of negative effects on the divorce proceedings, both in court and emotionally.
Additionally, while every state is now a no-fault divorce state, marital misconduct can still be considered in some situations.
Marital misconduct can encompass a wide variety of actions, including adultery and cruelty.
During the proceedings, the fact that a dating spouse is already separated will be noted, but that does not necessarily mean the circumstances of the new relationship will not be considered.
Therefore, if you are no longer living with your spouse, you are not necessarily going to be viewed as legally separated in the eyes of the law.
Further, even an agreement of separate maintenance and support is not going to end your marital obligations, since it does not end your marriage.