Cohabitation dating divorce separation

This is especially true if the dating spouse begins cohabitating with their new partner during the divorce process.

Some states have laws stating that a spouse cohabitating with a parter of the opposite sex is presumed to have a decreased need for spousal support.

Dating while separated can hold up and complicate the divorce proceedings, can effect custody and visitation decisions, and rarely but possibly, depending on the state, may be grounds for a lawsuit.

Marital misconduct can encompass a wide variety of actions, including adultery and cruelty.For example, in Maryland, the cohabitation would have to last for at least 30 days; in Massachusetts, it's at least three months.If a former spouse wants to change either custody or alimony terms based on an ex-spouse's cohabitation, he must request the change by petitioning the court for modification of the divorce decree.The parent with physical custody provides a home for the child, whereas the parent with legal custody makes important decisions concerning the child's upbringing, such as schooling and religion.Either form of custody may be held by one or both parents, although it is common for one parent to have physical custody and both parents to share legal custody.

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