I think this would at least partially depend on the actual text of the waiver.

A general rule of thumb (or at least as I was told by my attorney) is that dating before the SA&PS (Separation Agreement & Property Settlement) is signed is a BadIdea.

It may not necessarily directly harm custody, but it can make other negotiations more difficult.

Your new relationship should not have an impact on custody unless there is something about your girlfriend that makes her dangerous to be around your child. However, it may impact alimony if you begin cohabitation at this time. You should also be aware that you are committing the crime of adultery if you have sex with someone other than your spouse prior to the time that you are actually divorced.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

I’ve been out of the marital home for almost 2 months now.

My spouse and I do not have a SA, but are working on one. We did sign a waiver before I moved out of the house. We have one 3 yr old child and are sharing custody at this point.

the question/concern:
I have started seeing someone else, and we have started dating.

Am I jeapordizing my ability to see my son (custody) in the future by entering into a new relationship without a signed/filed SA?

My ex-wife knows about my new relationship and has not threatened to make custody an issue. I do not want to jeapordize being able to see my son and would end the new relationship until the time is “safe”.


Thanks for your comments!