In Wisconsin, there are no laws that explicitly forbid dating during a divorce. However, it’s important to be cautious and thoughtful before dating as it can have negative repercussions on the proceedings. This article serves as an overview of the legal considerations related to dating once a divorce has been filed in Wisconsin.

Legal Considerations when Dating During Divorce in Wisconsin

When considering dating during a divorce, it’s important to understand the legal implications this could have on the proceedings.

Dating during a divorce could influence:

• Child custody/physical placement arrangements
• Child support payments
• Alimony decisions
• …and more.

Additionally, engaging in any romantic relationships may also give the court reason to believe that one party is not taking the process seriously, leading to delays or other complications throughout the proceedings. However, this is largely subjective and depends on the judge who oversees your case. Ultimately, it’s essential to exercise caution and good judgment before pursuing any new romantic relationships while going through a divorce, as it could have a ripple effect.

Keep reading for more detail and contact Ohiku Law if you’re ready to get started with an expert Milwaukee Divorce attorney.

Physical Placement & Dating During Divorce

Physical placement of minor children is a primary concern for many people going through a divorce and dating during the process can make matters even more complicated.

Physical placement commonly referred to as “child custody”, is the arrangement of where both parents live in relation to each other and their child. It involves determining a schedule for parenting time, residential time, holiday/vacation times, as well as access to birth certificates and school records. It’s important for both parents to agree on an arrangement that works best for their family and individual circumstances. When crafting physical placement/child custody agreements, it’s essential to think about what will be beneficial for the child in the long term.

Although there are no laws against it, any romantic relationships during this time could have an effect on the court’s decision about the physical placement of minor children.

Courts take decisions about the physical placement of minor children very seriously and base their decisions on what is in the best interest of the child. In Wisconsin, a family court judge will appoint a Guardian Ad Litem to investigate the circumstances of each living arrangement option for the children and make recommendations about physical placement to the court. Judges will consider any evidence demonstrating instability or risk within a parent’s home. For example, if a judge finds out that one parent is living with someone who has prior arrests or convictions, they might decide it is not in the child’s best interests to spend significant time with this parent. If there are concerns about the well-being of minor children and a new romantic partner, the court may even order that the new romantic partner may not be present during visits with the child or children.

Child Support & Dating During Divorce

Child support is another element that can be impacted by a parent dating during divorce. Child support is a legally binding arrangement that requires financial assistance from the non-custodial parent to the custodial parent to cover costs associated with raising the child, such as food, clothing, health care, and educational expenses.

When a judge is determining the amount of child support payments to be made, they will take into account several factors. These include the financial resources of both parents, the needs of the child and their respective ages, the standard of living that was enjoyed prior to the breakup, and any expenses related to special needs or medical treatments for the child. Additionally, they may factor in other costs such as daycare and educational expenses for older children. It is important for both parents to provide an accurate description of their financial situation when presenting their case to a judge in order to ensure a fair outcome.

In child support deliberations, a judge will consider whether anyone else is contributing financially to the household and upbringing of the child. If you decide to move in with your romantic partner while these deliberations are still under way, the judge may determine that their presence in the household means you have greater financial means and, therefore, require smaller (or no) child support payments from your soon-to-be-ex-spouse.

Alimony/Spousal Support & Dating During Divorce

Alimony, also known as spousal support or maintenance, is a form of financial assistance that one spouse pays to the other following a separation or divorce. Alimony is typically paid on a set schedule, such as monthly or yearly payments, and can last for an indefinite period of time. The purpose of alimony is to provide financial stability for the recipient so that they are able to maintain their household expenses and standard of living during and after the divorce settlement. There is no set formula for determining alimony payments; factors such as length of the marriage, income disparities between spouses, and whether or not one party has custody of the children will all be taken into account by a judge when deciding upon an amount.

Alimony is another area that can be heavily influenced if one of you decides to start dating during divorce. Similar to child support, if a judge determines that a new romantic partner is contributing financially to your life and needs, they may determine that you do not need alimony, or a certain amount of alimony, from your ex-spouse.

Practical Tips for Mitigating Risk When Dating During a Divorce

If you do decide to pursue a romantic relationship during your divorce, here are some tips you should consider to mitigate the risk of it impacting court proceedings:

First off, try to keep all new relationships private until the divorce is finalized. Discussing new partners or introducing them to your children too soon might raise red flags that could complicate proceedings. Additionally, avoid any public displays of affection or signs of impropriety as this could influence support arrangements or custody decisions.

Be certain that your partner understands the legal implications associated with being involved in a relationship with someone who is going through a separation or divorce. Clearly communicate that they need to respect boundaries and avoid interfering with any parenting decisions made by the other party. If possible, have your attorney draw up a contract between both parties outlining expectations and rules regarding interaction with children from the previous marriage.

Finally, don’t let yourself get carried away in a new relationship at the risk of making poor decisions throughout the entire divorce process. It’s important to remain level-headed and focused throughout – so keep personal feelings aside while handling legal matters related to your split.

How an Attorney Can Help

Ultimately, although there aren’t any concrete laws against dating during a divorce in Wisconsin, it’s usually best to wait until all forms have been settled before beginning any new relationships. If you do decide to date prior to your final hearing, be sure to discuss this decision with your attorney beforehand so you can avoid potential legal issues down the line.

An experienced divorce attorney can make the process of separation and dissolution of a marriage much easier. They provide guidance on the legalities surrounding your case, as well as assistance with document preparation, filing procedures, and litigation representation. In addition to providing expertise in the law, a divorce attorney can also help you negotiate a fair settlement with your spouse that is in both of your best interests. If you are going through a divorce in the greater Milwaukee area, Ohiku Law offers experienced attorneys who have extensive experience handling cases just like yours. Our attorneys listen to your individual needs and goals, and work hard to ensure that those are met with positive outcomes. We provide comprehensive representation for our clients through all stages of the divorce process, from filing paperwork to negotiating settlements or advocating in court if necessary. Contact us today to learn how we can help you during your divorce.