THE DATING DIVORCEE

 

Allen v. Allen, 2023 NY Slip Op 6588 - NY: Appellate Div., 1st Dept. 2023:

"However, it was an improvident exercise of the court's discretion to preclude the parties from bringing romantic partners to the marital residences. While under Domestic Relations Law § 234, the court has some discretion to make orders regarding possession of property under the circumstances of each case, nothing in the record demonstrates that the presence of the husband's romantic partner at one of the marital residences in any way impacted plaintiff wife's safety. A party going through a divorce has "a right to develop his or her interests or personal life" (Rosenberg v Rosenberg, 126 AD2d 537, 540-541 [2d Dept 1987]). At most, the interactions with the romantic partner, which by all accounts were civil, made the wife uncomfortable, and discomfort is an insufficient basis to exclude an otherwise non-problem-causing party, particularly where children are not involved."