Is It a Good Idea to Date During Divorce?

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Now that you and your spouse have decided to file for divorce, you might feel like it’s the right time to get back into the world of dating. A lot of people have the misnomer that they are divorced once they ask for a divorce or file for divorce. You are not divorced until the judge says you are divorced, which usually happens when your final divorce decree is signed by the judge. Until then, you are still married. Dating before you are officially divorced can cause issues in your divorce.

Not only can divorce be emotionally overwhelming, but it can also be a lonely process as well. While you once had a partner to spend your weekends with or attend social gatherings with, you now find yourself alone a lot more often than before.

A rebound relationship can be a bad idea for several reasons related to your divorce. There can be serious legal consequences if you start seeing other people before your divorce is finalized, especially if you are engaged in a hotly contested dispute with your soon-to-be-ex-spouse about certain divorce issues such as fault in the break-up of the marriage, child custody, or even property division.

Dating Can Be Seen as Adultery

Until your divorce is final, entering a new relationship during the process is technically adultery. Although Texas law allows a divorce based on no fault, it does also allow divorce based on fault. One of the major faults a spouse may allege is adultery.

For example, a new relationship can affect the amount the dating spouse may receive in assets if he/she starts living with a new partner. If a dating spouse is not living with the new partner, any money spent on the new relationship (i.e. extravagant dinners, gifts, and even vacations) could be a factor in dividing property.

If you are getting divorced because you already found a new love interest that you want more than your spouse, consider cooling things off with your new partner while the divorce goes through so as not to complicate the divorce process. However, if that is not an option, consider taking your time before you are public about a new relationship.

Dating Can Affect Custody

Divorce is already emotionally straining enough, especially for your kids. Introducing a new partner to make it harder for your children to cope and adjust to their new lives. Since the courts may consider the wishes of minor children to determine custody terms, especially if the new partner makes the home atmosphere uncomfortable for the children.

The Court may find that you leaving your children with their other parent during your parenting time for you to pursue dating makes you an unfit parent. You may not get as much parenting time with your children if you demonstrate being distracted with moving on prematurely.

Dating Can Anger Your Spouse

Rather than a civil, no-fault divorce, you could become embroiled in a nasty dispute with your spouse. This could prolong the litigation process, which means more money coming out of your pocket to pay for court and attorney fees.

Another important reason why it may be best to avoid dating while divorcing is it may affect your settlement strategy. If you are expecting spousal support from your ex, he or she may not agree to the terms of your divorce if you are in a relationship with someone else.

Dating during Divorce May Not Be Fair to Your New Partner

While it may feel wonderful to experience the excitement of a new relationship, are you really ready for this? Divorce can make people quite vulnerable, leaving them in a state of uncertainty, which is not a solid foundation for a new relationship to blossom. Before you start dating again, ask yourself if you are ready to emotionally invest in someone else.

Sometimes, finalizing your divorce can take months or years, which is why it is understandable you may not want to wait to get back into the dating pool. However, if you still want to date, first consult with our attorneys at Camille Borg Law PLLC and schedule a free consultation today. Depending on the circumstances, we can advise you whether a new relationship is appropriate or if it should wait until the divorce is final.

For more information, contact our firm today.

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