A divorce and the prospect of a new partner replacing them is often too much for a spouse to cope with, and may cause disagreements and unwillingness to come to a compromise with regard to custody arrangements.When left up to the court, the judge will make a determination as to which parent should have primary physical and legal custody based on the best interests of the children, and if there is a real or perceived discomfort with the new parter experienced by the children, it is very likely to effect the amount of time each parent and particularly the dating parent is awarded.
Additionally, while every state is now a no-fault divorce state, marital misconduct can still be considered in some situations.
For example, the judge might disapprove of the dating spouse's behavior and develop a bias against them.
While such a bias is ostensibly unacceptable in the U. legal system, judges are human and biases are natural and even probable in some instances.
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 before a divorce is final is one of the typical issues that causes heightened conflict during a divorce.