Will dating during a divorce legally affect me? - Child Custody Law Questions and Answers- LawQA.com

Free Answers to your Legal Questions by Lawyers.
ask »


Will dating during a divorce legally affect me?

My husband and I were separated before we decided to finalize the divorce. I started dating some recently, but I dont want it to be a part of my case. What can I do?

Beresford Booth PLLC
Contact this Attorney Now

Unlikely it will be a factor unless children are involved.

Answer Applies to: Washington
Replied: 8/24/2011

Gregory T. Buckley, Attorney at Law
Contact this Attorney Now

Do you have children? If not, it will probably not have any effect on the divorce, since Florida is a no-fault state. If thereare children, your husband could try to show that your morals are lacking if you are dating someone before the divorce is finalized.

Answer Applies to: Florida
Replied: 8/23/2011

Law Office of Roianne H. Conner
Contact this Attorney Now

You are still legally married until the divorce is final. If you do not want this to be an issue in the divorce stop dating.

Answer Applies to: Alabama
Replied: 8/18/2011

Answer By Robert English
The English Law Firm
Contact this Attorney Now

There is no restriction on dating during a divorce.

Answer Applies to: California
Replied: 8/17/2011

Answer By Maury Beaulier
Beaulier Law Office
Contact this Attorney Now

It can - but only if the new significant other has an impact on issues such as custody and parenting time. This may occur if the children are exposed to a person who may be dangerous to them or if the presence of that individual causes confusion or concern with the children.

Answer Applies to: Minnesota
Replied: 8/17/2011

Answer By Paul A. Eads
Law Offices of Paul A. Eads, A.P.C.
Contact this Attorney Now

Wait until your case is done. Especially if you have minor children involved.

Answer Applies to: California
Replied: 8/17/2011

Answer By Roy L. Reeves
Reeves Law Firm, P.C.
Contact this Attorney Now

In Texas there is no such thing as legal separation - in some jurisdictions there is a legal separation statute that says the divorcing parties are legally single during the interim. In jurisdictions with separation statutes you are permitted under law to act single which includes dating, etc. Since we do not have this statute in Texas, you are in the "gray" area of the law. Simply stated, you are either single or married in Texas, there is not half point. So, dating cannot help your case and the effect, if any, will be a direct result of how much issue your spouse makes of it, and the Judge's personal/religious beliefs. My best advice is to simply keep it as low key as possible, DO NOT MOVE IN TOGETHER, if there are children, avoid introductions until the divorce is done, etc. The intent is not to hide your relationship, the intent is to keep it low key enough that it does not draw extra attention.

Answer Applies to: Texas
Replied: 8/16/2011

Answer By Richard Goolsby
Goolsby Law Office
Contact this Attorney Now

Generally, we recommend you wait until the divorce is final. We also urge you to see a divorce attorney ASAP! Good luck!

Answer Applies to: Georgia
Replied: 8/16/2011

Answer By John Kirchner
John E. Kirchner, Attorney at Law
Contact this Attorney Now

Not legally. But, the emotional affects of your actions could easily aggravate the situation and make it far more difficult to reach an amicable settlement with your husband - especially if there are children involved. If there are children involved, your dating habits could be considered relevant to the appropriateness of your lifestyle and how that lifestyle impacts the children.

Answer Applies to: Colorado
Replied: 8/16/2011

Answer By Jay W. Neff
Law Office of Michael W. Bugni
Contact this Attorney Now

Dating during the divorce probably will not affect your case. First, the court generally regards the marriage as over once the two of you have separated. Also, the statute says that the court is to make a fair and equitable division of all of the debts and property without regard to what the statute calls "marital misconduct." Therefore, dating should not have an impact upon your case. The one exception to this is if you have children. Generally, the court finds that the divorce process is quite stressful upon children and can be bad for them. Therefore, many courts consider the introduction of new partners to the children, particularly early on in the divorce process to be a further stress that is bad for the children. Therefore, if you are dating and do have children, you would be well advised to keep any new partners away from the children while the divorce is pending.

Answer Applies to: Washington
Replied: 8/16/2011

© 2017 MH Sub I, LLC. All rights reserved.
Terms & Conditions | Privacy Policy | IB Cookie Policy