Issues with Starting a New Relationship in the Middle of Divorce

Introduction: New Relationships are a “Universal” Challenge

According to most reliable sources, approximately 10% of U.S. Marriages end within the first two years. In many of these cases, the spouses separate soon after marriage, and then ultimately finalize the divorce prior to the two year mark. In these types of cases, one of the parties often becomes involved in a new relationship before the marriage itself has been formally dissolved. This phenomenon of beginning a new relationship prior to the formal dissolution of the original relationship (marriage) is something which occurs in other scenarios too, not just those which involve relatively early divorces. Whenever a new relationship is created prior to divorce, no matter the specific details, there are various things which need to be considered by both parties. In this post, we will point out a few of the issues involved with this state of affairs.

New relationships prior to divorce are a “universal” challenge, meaning that these possible issues exist all around the world. This phenomenon has different significance in different jurisdictions, because not all jurisdictions treat this matter the same. In the State of Maryland, new relationships prior to divorce are permissible under the law, but someone cannot remarry until his or her original marriage has been completely dissolved. Remarrying prior to divorce would constitute bigamy, which can be a serious offense.

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Potential Issue: The Claim of “Dissipation of Assets”

From a legal standpoint, there is no prohibition against someone starting a new romantic relationship before divorce is finalized, but there are certainly issues which can arise and cause trouble. One potential issue which can arise in this context is the allegation of dissipation of assets by the other spouse. We’ve discussed the concept of dissipation of assets numerous times before on our blog. Essentially, if one spouse frivolously spends marital funds, or unfairly deprives the other spouse of marital assets, that spouse may be found guilty of dissipation of assets. One common remedy for this offense is for courts to adjust property division to compensate the other spouse. In situations in which a new relationship has already started before divorce, in many cases the other spouse will attempt to argue that dissipation of assets has occurred. This is definitely something which spouses need to be conscious of.

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Another Potential Issue: The Claim of Adultery/Infidelity

Again, even though new relationships are permissible, they can still create challenges for the spouse involved. Another potential drawback is the allegation of adultery or infidelity. Technically, even though divorce proceedings may be underway, the spouse who starts a new relationship is committing adultery against the other spouse. This is never really something which the law smiles upon, even if the marriage might be over for all practical purposes. Plus, the circumstances which led to the new relationship might be exploited by the other spouse: if, for instance, the other spouse can prove that the new relationship actually had deep roots in the past, this behavior might be construed as “cruelty” and punished in the property division phase of the divorce.

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Another Potential Issue: Tracking Down an Estranged Spouse

Issues might also arise whenever divorce is sought between estranged spouses. When spouses separate and then lose contact, this creates difficulties when it comes time to formalize the separation with a divorce judgment. This type of estrangement is more commonly seen when one of the spouses begins a new relationship very quickly. Fortunately, the law in Maryland already has mechanisms in place to deal with this situation. Spouses can make certain efforts to track down an estranged spouse, and then obtain a default judgment if all requirements are fulfilled. The spouse seeking this route needs to file something called an “affidavit of diligent search.” This certifies that the spouse seeking dissolution has completed all requirements needed to give proper notice.

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Contact the Murphy Law Firm for More Information

To learn more about the potential issues involved with starting a new relationship prematurely, the divorce process in general, or another family law related matter, contact one of the family law attorneys at the Murphy Law Firm today by calling 240-219-5243.

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