Hold Off on Romantic Interests Until Divorce Is Finalized

Dating during divorce is generally not favorable for a divorce case. Furthermore, dating can be detrimental for a couple’s children.

From a legal perspective, having sexual relations while dating is a form of adultery if you are still married. Most courts view adultery as “voluntary sexual intercourse between a married person and someone other than the spouse.”

Besides, even though you’ve filed for a no-fault divorce, dating could create upsets. An extra-marital affair could complicate your case. It could make your soon-to-be ex-spouse jealous. Unfortunately, what began as an uncontested divorce could become a contested divorce. That means it could potentially elevate the no-fault grounds for divorce to fault grounds of adultery.

Could Dating during Divorce Affect Property Division?

In addition to affecting divorce grounds, it may affect how the judge rules on property division. This can happen when the dating spouse is spending significant amounts of money on the extra-marital relationship. Gifts, hotel bills, trips, entertainment and other expenses may be considered misuse of community property.

How Could It Affect Child Custody?

The immediate effect that dating has on the children is often de-stabilizing. Divorce is a life-changing occurrence as it is. Most children already feel anxious when their parents are divorcing. As a result, dating adds to the confusion and stress involved with divorce. Not only that, you would be taking away time that you would otherwise spend with your children. The court may decide that dating is not in the children’s best interest. This is likely, especially if you are drinking or partying. If your actions are viewed on social media, they could be documented as evidence.

It is wise to discuss dating with your lawyer first. Do you have questions about divorce? Little & Logue is glad to answer address your concerns. We provide clients with effective legal guidance that can protect your interests.