Will dating during a divorce legally affect me? 25 Answers as of August 24, 2011

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?

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
Unlikely it will be a factor unless children are involved.
Answer Applies to: Washington
Replied: 8/24/2011
Gregory T. Buckley, Attorney at Law
Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
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
Law Office of Roianne H. Conner | Roianne Houlton Conner
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: 8/19/2011
The English Law Firm
The English Law Firm | Robert English
There is no restriction on dating during a divorce.
Answer Applies to: California
Replied: 8/18/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
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: 8/18/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    Wait until your case is done. Especially if you have minor children involved.
    Answer Applies to: California
    Replied: 8/18/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    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: 8/17/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    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: 8/17/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    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: 8/17/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    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
    The Coyle Law Office
    The Coyle Law Office | T. Andrew Coyle
    You dating someone should have no bearing on your divorce case; however, it may be prudent to avoid moving in with them until everything is finalized.
    Answer Applies to: Illinois
    Replied: 8/16/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Even if you have both filed pleadings indicating that the marriage has broken down irretrievably, it can give him the opportunity to claim you started dating before the marriage broke down. If you are both dating others then it becomes less of a potential issue.
    Answer Applies to: Connecticut
    Replied: 8/16/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Unless there are children involved, dating will have very little impact. If there are children involved, dating becomes important. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options.
    Answer Applies to: Florida
    Replied: 8/16/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    Wisconsin is a 'no-fault' divorce state. This means dating or not, it is not used against you in a divorce. Usually when children are involved, it is still a good idea to wait until final agreements are made in the divorce.
    Answer Applies to: Wisconsin
    Replied: 8/16/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    California is a no fault state. Any new relationship will not be a part of your divorce. The only way that a new relationship will be a factor in the divorce is if there are minor children involved and there are issues with the new boyfriend.
    Answer Applies to: California
    Replied: 8/16/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    California is a no fault state and the fact you are dating another person should have no impact at all on your ability to finalize your divorce.
    Answer Applies to: California
    Replied: 8/16/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    It won't matter unless it effects your parenting
    Answer Applies to: Washington
    Replied: 8/16/2011
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    You need your own lawyer in the divorce to protect your interests. Don't use the same lawyer as your spouse. Can if affect the divorce? Maybe.
    Answer Applies to: Alabama
    Replied: 8/16/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    "Dating," per se is irrelevant in this no-fault State; expenditure of marital funds might be considered "waste".
    Answer Applies to: Nevada
    Replied: 8/16/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    As I am sure your lawyer told you (you didn't make the mistake of filing pro se, did you?) you should not do anything to complicate the case until it ends. In other words, you do NOT date now.
    Answer Applies to: Georgia
    Replied: 8/16/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    The only concern is the psychological vector of your husbands reaction. You choice to move on with your life will not impact your right to get a divorce.
    Answer Applies to: California
    Replied: 8/16/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If the new relationship was not the cause of the separation, it probably will not effect the case much. However, the judge can take the behavior of the parties into account when dividing property and debt. Also, if you have minor children, your new relationship can have an effect on that as far as the custody issue. In short, the only ironclad way to not have the relationship affect the divorce is to not have the relationship.
    Answer Applies to: Georgia
    Replied: 8/16/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    As long as you don't live together, your dating someone else isn't relevant.
    Answer Applies to: California
    Replied: 8/16/2011
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