Dating And Divorce: What To Know

Law Blog

Divorce is a time of change and it's not uncommon to form new relationships right away. Some people don't wait for the divorce to be final before they begin dating. To learn how that situation could affect your divorce, read on.

Legal Ramifications

The law is specific in this area. Until the final decree is signed by the judge, you are still married. Even if you have been separated for months or longer, legally, you are married. However, that should not be taken to mean that dating is against the law. Your divorce lawyer may advise you to either delay dating or at least to be very discrete about it until the divorce is final. The reasoning behind this advise is that even though it's legal it may not be wise.

What Harm Could Come From Dating?

Dating and other behaviors can affect various aspects of your divorce. For instance:

1. Child custody – If child custody is a hot-button issue (or you think it could become one), delay dating until the custody agreement is signed and the divorce is final. Family law judges view custody matters from the viewpoint of the best interests of the child. If the judge has personal biases about darting while still married, it might be enough to skew things in the direction of the other parent who is not dating. Even visitation privileges could be affected by dating while separated.
2. Contested divorces – If the divorce is far from amicable already, dating could push things over the edge and create a never-ending legal fight. Allegations of adultery, even with a no-fault divorce, could influence how things are decided when it comes to property settlements and debt distribution. The key to a quick and amicable divorce is parties that work together – not parties that refuse to cooperate with each other to come to an agreement.
3. Spousal support – While dating might not influence this issue, cohabitating will. If you or your spouse move into the same home as a love interest, the judge could decide that the party is not in need of financial assistance.

Wait and Adjust

Most experts advise people to wait not just until the divorce is final to begin dating but for a year or so afterward. That allows for the personal growth and adjustment that should follow a divorce to occur naturally without distractions. It also means people are not distracted by anything and can focus on getting a fair marital settlement and a custody agreement that is best for the children of the marriage.

To learn more about dating during divorce, speak to a family law attorney. 

Share  

17 February 2022