Divorce FAQ

Divorce marks a new period in your life. Some people may be thinking of dating before their divorce is finalized, especially if the divorce is taking a long time to get finalized. However, dating and divorce oftentimes presents some legal issues.

Here are some tips about going into a new relationship while working through a divorce:

• A new relationship could be interpreted as adultery - While most states already have no-fault laws regarding divorce, some states will still consider dating before the marriage has been dissolved as falling within the legal definition of adultery. Your ex can still raise this in court, and the last thing you want to do is give your ex more ammunition to use against you in divorce hearings.
• A new relationship can affect spousal support and property division - In some states, a person's conduct during the divorce can affect the outcome of spousal support and property division. This could be a problem if your ex will push for your new relationship to be seen by the court as an act of adultery. If you're going to be living with a new person, then your ex could argue that you'll need less spousal support because you'll be sharing household expenses with the new person you're living with.
• A new relationship can affect child custody - As far as child custody is concerned, your immediate goal right now should be to provide a stable home environment for your child during the divorce. Divorce brings a lot of changes to your child's life. Coping with you bringing in a new relationship into their lives will make this adjustment period go a lot harder for them. If child custody and visitation rights have not been established by the court yet, this could factor in the decision of the court. The court's concern is for your child's well-being, and subjecting your child to an abrupt change while in the process of dealing with divorce will most probably not work for your child's well-being. The amount of child support given by your ex could also be reduced if you begin living with a new person, especially if he can argue that you will have help with the household expenses. This means there will be less need for support as long as you're living with someone else.

It may be frustrating for some people who want to go on with their lives during a divorce, but as a rule of thumb, it's always better to keep a low profile if your divorce has not been finalized yet. It would be better to show respect for the feelings of people involved and wait until the divorce decree has been given before you get involved with somebody new.

At the very least, you can keep your dating life very private in order to avoid conflicts with your ex. Even if he/she cannot find anything legal to pin on you, finding out that you're moving on with your life can incite him/her to make the divorce more difficult for you than it should be.