Many married couples drift apart and yearn to move on long before their divorce is finalized. Maybe you just filed for divorce and already have a profile on Tinder, Match, or some other dating site. Is this wrong? What does California family law say about this?
While it is not necessarily illegal to date other people while going through a divorce, it is not recommended. It just makes things more complex. Beginning a new relationship during an ongoing divorce can create legal complications.
Being legally permitted to date does not necessarily mean that dating cannot affect your divorce. Plus, the timing of your relationship can bring about allegations of adultery, especially if your spouse alleges that you began dating before the separation or while you were still living together.
Allegations involving adultery or marital misconduct may also have consequences in certain divorce proceedings. It can also become a source of conflict between spouses and potentially make settlement negotiations more difficult.
Dating during divorce will not help your divorce case, and it can cause serious harm. Understand the pros and cons and decide if the risks are worth it.
What Not to Do
If you do decide to date before the divorce is final, avoid these mistakes:
- Do not date before you physically separate. Avoid beginning a new romantic relationship while you are still living with your spouse. Even if you and your spouse agree that the marriage is over, your spouse could argue that the new relationship contributed to the breakdown of the marriage.
- Do not behave inappropriately around your children. If you choose to date while your divorce is pending, use particular caution when your children are present. Avoid behavior that could reasonably be viewed as inappropriate or that you would be uncomfortable explaining to a judge, such as introducing children to a new romantic partner too quickly. This could create additional conflict with your spouse and become an issue in a custody dispute.
- Do not move in with a new partner. Moving in with a new romantic partner before your divorce is finalized can create financial and legal complications. For example, if you are seeking or receiving spousal support, your spouse could argue that living with someone else reduces your living expenses or provides another source of financial support.
- Do not spend excessive amounts of marital money. Be cautious about spending significant amounts of money on a new romantic partner while you are still legally married, as some of your finances may still be considered marital property. Large gifts, expensive trips, shared purchases, or other substantial expenditures could raise questions about marital assets being improperly spent.
Contact Us Today
Before starting a new relationship, consider how it could affect your children, finances, custody arrangements, and divorce negotiations.
A Redwood City family law attorney from The Law Offices of Oliver Gutierrez can review your circumstances, explain the laws that apply, and help you make decisions that protect your interests throughout the divorce process. Se habla español. Call (650) 285-1673 or fill out the online form to schedule a consultation.