The May Firm

I often get asked whether it is okay to date while a divorce is pending. Many people “feel” divorced before or by the time a suit for divorce is filed, and they want to begin to move on with their life. Divorces can also take a long time if the issues are contested, which leaves some people feeling lonely and wanting companionship.

However, my advice is NOT to date during a divorce. First, the law says that you are “married” until your divorce is final. The law does not make exceptions for being separated or having the divorce on file. Further, adultery under the law can be alleged based on behavior that occurs even while the divorce is pending. Thus, dating during a divorce can cause problems and unnecessary complications. Many times, tenacious lawyers will subpoena the girlfriend/boyfriend for depositions and ask many questions about the relationship with the divorcing spouse. Also, any money that is spent by a spouse on the pursuit of a dating relationship can be the basis of a fraud claim against that spouse and result in a heavy penalty being extracted. This could include money spent on dating services, like match.com or similar online services, or buying dinner or movies for the date. More extravagant gifts to a girlfriend/boyfriend will certainly result in a complaint from the not-yet-ex-spouse.

So, the better choice of action is to finish one relationship completely before looking for a new relationship. Get your divorce finalized before you start dating. That is my advice as a Dallas divorce lawyer and family law specialist.

Michelle

Tags: Divorce //