Monday, October 22, 2012

Wife and i are working on a separation, but i am dating. We both have kids. Can she harm me legally for this?

Q: Wife and i have a 3mo. old and 3 year old. i am dating seriously now, and was accused of cheating with this person but that only began after we decided the marriage was done. GF has a 5 year old. GF splits rent with me so i could afford to pay for a place for the wife to live. i have other weekend custody (of the 3 yr old, baby is breastfeeding) and see the kids 2x a week for a couple hours. Wife refuses to let me bring my 3 year old to my place if my GF is there with or without her kid. Nothing illegal is going on and wouldnt expose kids to a "new relationship" yet just as friends (i would sleep on couch). Can she legally come at me if i proceed? my relationship with the gf is very serious, and neither of us doing anything illegal or would harm anyone or endager the kids. thanks! 

David Bliven’s answer:    Now-a-days, many Judges are quite liberally-minded about the fact that if parties have been physically separated for some degree of time, they are bound to "meet someone new." I do agree "adultery" as a crime is still on the books, but it is rarely if ever prosecuted. That said, to protect yourself further, I'd highly suggest you file for divorce & if visitation is still in dispute, get a Judge assigned to the case.

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