The cheating spouse and the third party do not necessarily even have to have a sexual relationship – in some places, a family member who convinces one spouse to leave the other might be liable for alienation of affection (though this is very uncommon).
You need to know that appellate cases in North Carolina have overwhelmingly rejected this sort of attack, based on the particular facts of those cases.
But if your spouse could show that your dating – even unaccompanied by sexual intercourse — had led to distraction or great preoccupation with your love life, and consequent neglect or inattention to your child, your position in a custody dispute could be greatly weakened.
Your spouse’s discovery of your interest in another woman or man (as the case may be) could unravel a settlement as to custody.
The sudden or unexpected “insertion” of another “parent” figure in your child’s life is often experienced as a threatening disruption by the child’s other biological parent (or your spouse’s own parents); and many spouses react to such a threat by insisting that the child be totally insulated from a new girl- or boyfriend.
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.Dating while in the process of a divorce may also affect child custody determinations.Seeing parents date new partners is difficult for children, especially older children, and the new relationship may cause older children discomfort such that they decide residence with the other spouse would be more desirable.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.As such, a spouse who decides to date during the separation is wise to keep the children and the new partner separate to avoid arousing these types of issues during the proceedings.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.