Can you get into trouble if you want to date someone else while separated and filing for divorce?

Question

Can you get into trouble while separated if you want to date someone else while filing for divorce?

Tajara Dommershausen · Answer

No.

Gregory Crain · Answer

No.

Leonard A. Kaanta · Answer

No.

Melvin Franke · Answer

No.

George Seide · Answer

Of course not. If you have children, I would advise not introducing them to casual dates until custody is settled.  Never have anyone sleep over when the kids are there.

Helene Ellenbogen · Answer

This is a no fault state. If there are children, the father may object and the court may agree that there should be no contact between the person you're dating and the children until after the divorce is final or at least until it is clear this person isn't just a date, but a long term partner.

Suzanne H. Lombardi · Answer

Alaska is a no fault state meaning that you do not need a reason to get a divorce and if you date someone it won't be used as a means for the divorce to occur.  However, if you have custody issues it may be used against you for the other side to say that somehow you are not a good parent because you are dating before the divorce.  An attorney can assist you with these details and help you determine if this is a wise decision.

Tina Fox · Answer

Can you legally get in trouble? No. Should you wait until the divorce is final? Perhaps, it depends on each situation and the grounds for divorce.

Frances Headley · Answer

There is nothing illegal about the activity you are suggesting.  It may make your dissolution more contentious with your soon to be ex,  but the fact is irrelevant to the dissolution from a  legal point of view.

Willie Stephen Graves · Answer

Often not much, but you just might wind up before a judge who has a strong disposition against that kind of behavior and shows it by awarding your spouse a disproportionate share of community property, or concludes you're a less suitable parent for custody and visitation purposes.  Only if there's no property and no children at issue can you know with reasonable certainty that dating before the divorce won't turn around and bite you.  I know this is not the answer you wanted, but why not get the divorce over with first? The case only has to be on file for 60 days before you can finalize it.

Jon Buchholdt · Answer

No, no legal trouble.

Ronnie Vargas · Answer

In the state of Wisconsin dating has no bearing to your divorce. Wisconsin is a "no fault divorce " State, that is, the only legal reason a spouse needs to proceed with a divorce is they feel that the marriage "is irretrievably broken."

Leonard Schwartz · Answer

You can date anyone you want while separated in NJ while filing for a divorce. Depending on what you do and many other factors you certainly can get into trouble.  That is a broad question requiring more details.

Dennis P. Mikko · Answer

Divorce is a very emotional time in any person's life.  When you add a new person to the mix, the emotions can run very high and make negotiating a settlement much more difficult.  While it isn't illegal per se to date someone else during a divorce, it is generally not a good idea.  The better practice would be to conclude the divorce first, then begin dating again if that is your choice.

George Derieg · Answer

Not at all. It is illegal to get married until your divorce is finalized. It might be in your best interests not to let the other party know you are dating someone else. If it is an amicable divorce, you may not want to upset the applecart.

Barbara Peyton · Answer

Not unless that person is dangerous for your children to be around.  California is  a no fault divorce state so the underlying reasons for a divorce are not recited in the courtroom.  Once you are separated and in a divorce it is perfectly acceptable to date another person.

Harry Roth · Answer

If you don't have any kids, don't worry in the least. On the other hand, do you really want to jump back into a relationship just getting out of a marriage.  Give yourself some time for yourself.  If you do have kids, then all of the above applies in spades, plus keep your social life separate from your time with the kids and don't introduce the kids to any new beau until they have had time to adjust to the separation.  You are an adult and if you want to make poor choices, you can live with those choices.  But slow down and don't impose them on your kids.

Joanna Mitchell · Answer

No. Unless that person could pose a danger to minor children.

Robert De Groot · Answer

Only if it affects the children adversely. If you have no children, you can date. If you do have children, it is best not to date during the divorce.

James Weiner · Answer

Its not illegal.. it can affect the emotions of the parties.. e.g. how hard a spouse will fight because they feel betrayed .. in that way it can affect property split slightly.. but get introuble otherwise.. no.

John Brennan · Answer

Timing wise, once you have filed very few, but not all, judges will not hold that against you. The problem is the effect on your about to be ex spouse. It will make the divorce much more ugly.

Robert Merlin · Answer

Technically, no, but I always tell my clients not to do that because of the emotional effect it will have on the other spouse. If you get your spouse upset it will be more difficult to settle your case.

Karen A. Clark · Answer

It depends on what you mean by "in trouble."  Washington state is a no fault dissolution state.  Therefore, you do not need grounds to dissolve your marriage and extra-marital relations will not be considered in the dissolution proceeding.  If you have minor children, it might be a good idea to explain the separation and divorce to them.  In that way, they will not be surprised, angry or confused about one or both of their parents going out with someone other than their spouse.

Dorothy Spinelli · Answer

Yes, that's technically adultery in the state of Georgia and depending what county your divorce is filed, if you are a women in Georgia and commit adultery, I have seen judges take away custody of the kids from Mom.

Bernal Ojeda · Answer

No, date all you want.

Gary Russell · Answer

Fault is a factor that is considered in divorce. Whether the judge assigned to your case would consider dating when separated as such a factor depends upon that judge. Some could care less, others frown upon it and the rest fall in between.

Glenn Tanner · Answer

Not unless it effects your parenting or makes the judge think your financial future is very rosy.

Anthony Roach · Answer

No. Not legal trouble. Just watch out for hurt feelings, possessiveness and stalking.

Steven Alpers · Answer

No cause for divorce was eliminated in 1969 and you cannot get less than an equal division of the property. However, depending on issues of custody and visitation you may be endangering your position if the person is a danger to your child or children and you could lose custody.

Tres Porter · Answer

That is an extremely loaded question.  "Trouble" with the Court?  No. "Trouble" with the ex?  Possibly.   "Trouble" with the someone else if they are not told about the status of the divorce?  Almost definitely.   But from a purely legal standpoint, NO you won't be in trouble for dating while a divorce is pending.  It is actually somewhat common.

Kevin Bruning · Answer

Generally speaking, there are provisions in Illinois law that discourage people from dating someone else while going through the divorce process. However, also generally speaking, dating someone else should not affect the outcome of the property division in the divorce. One warning, though, is if you date someone else while going through divorce and you spend any money on that person, your soon-to-be-ex spouse could bring an action against you in the divorce for something called dissipation. Dissipation is when marital assets are being used for non-marital purposes. You should consult an attorney to determine what constitutes a "marital asset" and what counts as a "non-marital purpose."

Dave Hawkins · Answer

No. Wa. is a no fault state and the courts do not care who is sleeping with whom  it's irrelevant

Erin Farley · Answer

There is no law against dating. If you have children, better for them if you keep any new partners away from your children. Children need a recovery period.

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Can you get into trouble if you want to date someone else while separated and filing for divorce?

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