Dating Before You've Legally Gone Through A Divorce

Posted on: 28 January 2015

Maybe you're already certain that your marriage is over, and there's absolutely no possibility that things will ever work out. If you're certain that a divorce is imminent (or are already deep in the stages of the divorce process), there's likely little doubt in your mind what the future might hold for your former relationship. Because of this certainty (and due to an understandable amount of loneliness during the difficult process), it may be tempting to enter the dating world once again. If you've encountered an attractive person that has walked into your life, the struggle to remain single throughout the divorce process can be even harder. You might be wondering: what's the purpose of staying single if you already know your previous marriage is over? Many people are unaware of the potential problems they could run into--not only with children involved, but in the legal process itself:

Children Can Be Negatively Affected

If you have children from your spouse, consider their role in the entire divorce process. As you likely know, witnessing the separation (first for a limited time, then moving on to become more permanent) can be a very stressful and traumatizing process for children of all ages. In fact, research studies have indicated that the fallout of divorce in regards to children can include suffering academics and more likeliness to engage in drug and alcohol use as a teenager.

Don't let these statistics scare you--keeping an ongoing active role in your children's lives will help to decrease these risks. However, these kinds of statistics may be used against you in the divorce process if you choose to date someone else during the proceedings. The court could see you as only thinking of yourself in this delicate time instead of focusing on the needs of your children during the transition. If taken seriously, those claims could end up hurting your part in a custody decision.

Considering it Adultery

Even if no children are involved, the court legally can consider any relationship between you and another party to be adultery. As crazy as it may sound given the situation, it's best to stay single until after things are legally solidified and you're single in the eyes of the court. Although it may not sound like much, a divorce involving adultery can change many things--including property distribution, alimony, and assets. If you've got your eye on someone that you simply can't stop thinking about, do yourself a favor--wait until after the divorce is final, and you'll thank yourself in the future. 

Contact a law firm, such as A Affordable Attorney Gerling Law Group, for help with your divorce case questions.