Frequently, clients ask me whether they can date after they have separated from their spouse from their spouse, but before a final divorce order is rendered.
The Alabama Supreme Court provided their opinion on the question this week in the case: Jason Tyler Grimmett vs. April Grimmett. In an unanimous decision, the court held
Neither the language chosen by the Legislature within the divorce-grounds statute nor this Court’s precedent, read in light of modern civil procedure, requires that adultery as a ground for divorce be limited to
conduct before the commencement of the divorce proceeding. Thus,
adultery that occurs after the operative pleading is filed and before a
divorce is granted may be deemed to have been tried by consent if
evidence of that adultery is admitted without objection by the defending spouse and is properly considered by the trial court.
That means that evidence of adultery can impact your divorce case even up the night before the trial. (In this case, the court gave 60% of the marital assets to the wife.)
This case does provide a good what constitutes evidence of adultery and provides some examples of what is not sufficient evidence. Allegations aren’t enough.
It has been my experience that post-separation relationships corroborate allegations of pre-separation affairs.
This case only confirms my opinion, WAIT UNTIL AFTER THE DIVORCE IS FINALIZED
