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LoginBut openly dating before your divorce is final can potentially lengthen the process and may impact your settlement. Instead, you should work with a trusted family law attorney to make sure that you fully understand the implications of dating during a divorce. However, the matter may become more complicated if you or your spouse is filing for a divorce based on adultery. Since this is considered a fault ground, one spouse must present evidence for dissolving the marriage including suspected paramours, dates and places of the alleged adultery. If allegations of adultery play a role in your divorce, dating activity may impact your legal case. For example, spending large amounts of money with a new partner may impact the distribution of assets, particularly if you use funds from a marital account or if you are using money that would otherwise be used to support joint expenses or your children. If you introduce a new partner to your children prematurely or in a manner that is not in their best interest, that may impact your parenting time positions.
The question, "Can I date while going through a divorce? Whether you decide to do so will depend on your personal situation, but it may not be the best decision to get involved with a new person until after your divorce is finalized. There is no legal reason why a person cannot start dating before their divorce is final. All jurisdictions in the United States will allow a couple to divorce without having to establish fault on the part of one of the parties.
One positive aspect for some parties going through a divorce is the fact it results in the ability to take those first exciting steps towards moving on and starting afresh. Inevitably, this includes the opportunity to date and, potentially, find a new partner. Legally, you can date during the divorce proceedings, however, exist a number of legal and practical considerations to bear in mind. Whilst you and your spouse may have lived separate lives for months, even years, you remain legally married until the decree absolute has been pronounced. Where one spouse has intercourse with a person of the opposite sex outside of the marriage it is still considered adultery.
So, you've broken up with your partner. One of you probably moved out, or you're rarely in the same space if you're still living together. The divorce proceedings are underway. You're essentially already over and living separate lives.
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