If the new partner makes the children feel uncomfortable, whether it has to do with the partner personally or it's related to the children feeling that the partner may be at fault or contributing to the separation and divorce, this is likely to have an effect on custody decisions made by the judge.
Dating while going through a divorce can have a number of negative effects on the divorce proceedings, both in court and emotionally.Additionally, while every state is now a no-fault divorce state, marital misconduct can still be considered in some situations.Marital misconduct can encompass a wide variety of actions, including adultery and cruelty.During the proceedings, the fact that a dating spouse is already separated will be noted, but that does not necessarily mean the circumstances of the new relationship will not be considered.Either way, the other spouse may become confrontational, may become unwilling to compromise and obstinate during the proceedings, or, at best, may become cold and distrustful of the dating spouse.
These feelings can cause property division to be more difficult, as well as other aspects of the divorce.
Dating during divorce can have legal consequences both for the divorcing spouse and their new partner.
Dating while separated can hold up and complicate the divorce proceedings, can effect custody and visitation decisions, and rarely but possibly, depending on the state, may be grounds for a lawsuit.
In addition, in some states the new relationship may be considered in the division of property or alimony determinations, so the dating spouse may not get as much as they want out of the divorce depending on the new partner's financial circumstances.
This is especially true if the dating spouse begins cohabitating with their new partner during the divorce process.
The other spouse, if they are not dating, may develop the idea that the dating spouse was committing adultery even if that idea hadn't surfaced before.