woman in bed and phone that says wife

When two people decide to get a divorce it can be an emotional and tumultuous time. The legal process can be complex and take months, even years, to finalize the end of the marriage. A common question asked during the divorce process is “Can I date?” The answer to this question can be complicated and depends largely on the details of the individual situation. Whether or not it is appropriate or recommended to date during the divorce process depends on various factors. Speak with a Sussex County, Sparta divorce and separation attorney for more information and advice.

Can I Date While Getting a Divorce?

From a legal perspective, there is technically no law prohibiting spouses going through a divorce from dating. Although by law the two individuals are still married, both spouses understand that their relationship is over and soon the marriage will be terminated.

Dating can be defined differently by different people. Whether you go out on one date, are consistently seeing other people, or have a new relationship, dating is permitted. However, there can be consequences in certain aspects of your life.

Things to Consider

You may wish to pursue a new connection and have support from a partner during this time, but complications can arise if you date before the marriage is officially over. Consider the following.

Dating during divorce could upset your soon-to-be ex. Their feelings are not necessarily your responsibility anymore, but the situation could become more contentious, meaning more disputes, court battles, and legal fees.
There can be financial implications to having a new relationship. If you spend marital funds or significant amounts of money on your new partner it can impact the division of assets. Your spouse could argue that you are using joint funds on your new relationship.
If your divorce is based on your adultery dating could contribute to the case against you. Your spouse could also allege that the relationship began earlier than it did. This information can impact various aspects of the divorce agreement.
Your new relationship can also impact custody arrangements. Custody is determined by many factors, especially each parent’s lifestyle and living environment. It may be found that a new romantic partner, especially if you plan to live together, could not be the best thing for the child’s well-being.
Your spouse could prove that you are financially supported by your partner and use that information to reduce alimony or alter child support plans.

If you decide to date during the divorce process it is recommended to proceed with caution. Speak with a skilled divorce attorney for representation during your case and individualized advice. Your lawyer will understand the nuances of getting into a new relationship before your divorce is finalized. Contact an attorney today for more information.