Can I date while my divorce is pending? Should I?
The reason divorce lawyers counsel against dating while the divorce is pending, even if separated, is that it has the potential to increase both the cost and the stress of the divorce trial. You are not supposed to date if you are married. Judges, however, rarely punish someone who begins dating — sexually or otherwise — once they have physically separated from their spouse. The purpose is to determine exactly when the relationship began, whether it is sexual, whether any marital property has been transferred to the new friend, such as by gift, how much money was spent on dating this person, and whether the spouse has said anything that could be used against him or her at trial.
Even if everything is on the up-and-up, the result is a lot of unnecessary aggravation and cost. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
Dating While Divorcing
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Dating While Divorcing | DivorceNet
As this happens, questions may arise about the repercussions of the decision to date during a divorce may be. It is important to first consider on what grounds the petition for divorce was filed. Pennsylvania law allows for fault-based divorces, including on the basis of adultery. If the person who the divorcing spouse wants to date was a person the spouse was having an affair with before the divorce, the continued relationship may be used in court as evidence of the adultery.
If a divorce is granted on the basis of adultery, it may affect the amount of alimony awarded in the divorce only if the adultery is connected to spousal abuse. Pennsylvania law prohibits judges from considering marital misconduct when awarding alimony unless the misconduct is abuse.
Dating during the divorce can affect the amount a spouse gets when the court divides the marital assets if, for example, the spouse is using marital funds or assets towards the new relationship. This could include buying lavish gifts, paying for vacations, or even buying a joint home with the new romantic partner using marital funds.