Dating before a divorce is final

08 Feb

California is a no-fault state, which means that one spouse does not have to prove that the other has done something wrong in order to obtain a divorce.So, while it is acceptable to date other people before the divorce is finalized, the real question is whether it is smart to be dating other people before the divorce is final.By state law, it takes a minimum of six months for termination of the partnership.Pending termination of the partnership, neither partner may register with another person. California was the first “no-fault” state in the country.Some court orders are for a child to reside primarily with one parent (for example, if one parent travels extensively for work and the other parent has been a stay-at-home parent attending to a special needs child).Most court orders are for joint physical custody, with the children spending significant time with both parents, if that is what is best for the children.If one spouse is dating, for example, it may make it more emotionally difficult for the other spouse to proceed with the divorce.

Physical custody refers to the amount of time each parent spends with their children.) California courts will look to the “best interest of the child” when determining the appropriate custody and visitation schedule.

California does not recognize common-law marriages except where the parties resided in another state prior to moving to California and the relationship satisfies the requirements for a common-law marriage in that state.

(Few states still recognize common-law marriages.) While California does not recognize common-law marriage, the state’s courts have found that non-married partners may contract with one another regarding their earnings and property rights.

If a spouse has spent community funds on the person he or she dated during the marriage, the community could seek reimbursement for those funds.

This is a common misconception and is not necessarily true.