Puja Sachdev | November 8, 2024 | California Law
You may meet a new partner before your divorce is finalized. If so, you might consider moving your partner into your home during a divorce. It is not illegal in California to date during a divorce, nor is it unlawful to have a new partner move in with you before your divorce is finalized.
California adopted no-fault divorce laws. In a no-fault divorce, you do not allege that your spouse did something wrong to cause the breakup of your marriage. Examples of fault grounds in other states include abandonment, adultery, abuse, and other wrongdoing.
In California, the courts grant divorces based on irreconcilable differences. Therefore, judges are not concerned if you date or live with someone before your divorce is final.
Instead, the judge will apply California’s community property laws to determine how to divide marital assets. They will use the standard guidelines to determine whether to grant spousal support. Judges determine what is in the best interest of the children when deciding child custody matters.
Reach out to a San Diego divorce lawyer to evaluate your case.
Potential Problems You Might Encounter if You Move Your New Partner in Before Your Divorce Is Final
Having a new partner move in during a divorce could create problems during your divorce proceeding. Some things to consider before living with a new partner during a divorce include:
Child Custody Matters
Before moving a new partner into your home, consider if that is in your child’s best interest. Even if you and your spouse agree on custody terms, the judge reviews the agreement to ensure the terms are in your child’s best interest. Judges carefully consider other individuals living in the home.
Therefore, a judge may want to know a lot about your new partner to decide if it is appropriate to live in the same home as your child. Additionally, the judge may view having a new partner in the home during a divorce might negatively impact a child who is dealing with their parents being separated.
If your child knows your new partner and is comfortable, you may consider discussing the matter with your spouse. If you both agree to see other people and your spouse does not object to a new partner moving in with you, it might be easier to convince a judge it is not detrimental to your child.
If your spouse is jealous or vindictive, they may use your new partner as a weapon in the divorce. Angering your spouse during a divorce may not change the outcome. However, it could make the divorce process more time-consuming and costly if your spouse argues about every issue because they are angry about your new partner.
Property Division
California is a community property state. Therefore, each spouse owns an equal share of marital assets. Living with another person does not change this fact. However, if you spend marital assets on gifts, dinners, and trips for your new partner, the judge may award your spouse a larger portion of marital property.
Another matter to consider is the property your new partner moves into your home. Your spouse may allege that it is your property, which is subject to property division. If your new partner has expensive items, you need to carefully document that you have no ownership interest in the items.
Spousal Support
Consider your financial situation carefully before moving in with a new partner during a divorce. Having another income in the home could impact spousal support. Your new relationship might end, and you will not have sufficient funds to support yourself.
Talk With Your San Diego Divorce Lawyer Before Living With a New Partner
Always discuss moving in with a new partner with your divorce attorney before taking any action. Your attorney discusses how your choice could impact aspects of your divorce case. Having all the information about the situation helps you make a sound decision to protect your children and your best interests.
If you have questions about family law or divorce matters, call San Diego Divorce Lawyers, APC, for a free consultation with a San Diego divorce lawyer.
Contact a local family lawyer at (619) 724-4160, explain your circumstances, and try to schedule an initial consultation with the lawyer as soon as possible.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
(619) 866-3756
