Is Dating During Divorce Adultery?

As a legally married person who is beginning divorce proceedings, you and your spouse may be ready to move on to new relationships. Not all marriages last forever, and many of them end for various reasons. One of those reasons may be that your spouse has fallen out of love with you and in love with someone new, or you may be the one who is head over heels for another person. As you start dating, you may wonder, is dating during divorce adultery?

Starting a new relationship while you are still technically married may have potential consequences, especially financial ones. However, Arizona is not an at-fault divorce state, meaning that there is no need to prove fault or allegations. 

Despite this, lawyers for divorces encourage couples going through a divorce to be prudent until the divorce is final. Dating during a divorce can make things more complicated in numerous ways, opening the door for accusations of adultery even when the relationship didn’t begin until after the divorce proceedings.

It is imperative that you discuss your situation with a divorce attorney who can give you personalized legal advice based on your circumstances. The Law Office of Cosmas Onyia represents your best interest during a divorce. In this blog, we answer your questions about dating during a divorce and how a new relationship could impact your case.

Legal Implications of Dating During the Divorce Process

Even though Arizona is a no-fault state for divorce, there are fault-based circumstances from which one spouse can cite when filing for divorce. If a spouse committed adultery, abandoned the spouse, or exhibited unreasonable behavior, proving these things could result in more favorable rulings for the division of marital assets and marital property, spousal support, or even child custody. 

Is dating during divorce considered adultery? Dating during a divorce may be defined as adultery if there is sexual contact occurring with another person that isn’t the spouse. However, going on a date for companionship such as going out to the movies or for dinner doesn’t exactly align with the definition of adultery. 

Dating during divorce doesn’t always indicate adultery, though if you are going through a divorce while dating, it can make things more difficult. You could be accused of starting a dating relationship before the divorce began, which would be considered marital misconduct and could impact your case. 

How Dating During Divorce May Affect Child Custody

Married couples who begin new relationships while they are getting divorced face deeper scrutiny from judges. If one spouse is dating, it could affect your custody case. When children are involved, the court will look at what serves the best interest of your children. 

This may mean that you do not get custody but instead, must pay child support. Beyond having to pay child support, you may not get enough time with your children. When spouses are getting divorced and they share children, it takes a huge emotional toll on kids, no matter their age. A divorce is hard enough for children when they must go from one parent’s house to the other. Adding a new partner to the mix can add to the emotional turmoil they experience, which will be even worse than simply dealing with the courts on custody and support. 

Potential Changes to Spousal Support While Dating During Divorce

When you are living with a new partner, it can affect marital assets as well as alimony payments. In terms of family law matters, when you have a new relationship with a new partner, your soon-to-be ex-spouse may get more of the marital funds. Property division may no longer be in your favor, as the courts will argue that your living expenses are now being shared with this new partner.

Dating before you are completely divorced can negatively impact alimony, property division, and parenting time for one party. The state’s laws don’t specifically forbid you from going on a date or dating while you are in the middle of a divorce. However, it is in your best interests to avoid the potential risks of having a new boyfriend or girlfriend before the end of your marriage has been processed through the legal system and your divorce is final. 

Is Dating Adultery During Legal Separation?

If you are currently separated from your spouse, you may wonder if it is considered adultery to date during your separation. According to family law, you are still in a marriage. If one parent begins a new relationship during separation, it may be deemed as adultery, even if you have signed your settlement agreement.

The judge may claim your infidelity during this process is the reason and influence behind their decision to favor the other parent. For these reasons, it is best to wait until you are no longer married legally before you begin dating or start another relationship.

Navigating Relationships During the Divorce Process

All relationships are complicated, and when marriage and infidelity are involved, it can make divorce far more complex. The smartest thing you can do is wait until your divorce has been fully finalized before you begin dating a new partner. 

When a marriage ends in divorce, it is always vital to consider the children you have first. Even if you can’t stand your spouse, both of you should commit to ensuring the comfort of your children as they adjust to these life changes. If you do begin to date, avoid introducing any person to your kids until they have had time to adjust.

Many couples who divorce re-enter their single life by building platonic relationships. These types of friendships are not adulterous and can help both spouses form a new support system. There are several reasons for waiting to date beyond how it could impact the results of your case in court, though if you have kids, let your focus be on them.

How Dating Can Influence the Judge During the Divorce Process

It doesn’t matter if you and your spouse are both in full agreement on this divorce. A judge overseeing your case in court may award the other party more money because you are dating or living with another person. 

In divorce, the process involves making a fair decision for each party, and the court may reasonably award less money to you if your financial needs are being met by someone else. This partner may not work out, and you may be left with little to nothing when you move forward.

Certainly, there are many reasons to wait on starting up something new, particularly as your spouse could become resentful. Whether you started this relationship before you decided on a divorce or it blossomed after court documents were filed, it can still cause headaches as you try to settle things.

The best way to protect your rights when you are ready to move on with another partner is to speak with a divorce attorney. The Law Office of Cosmas Onyia can help you through legal guidance and support to navigate this complex process. Whether you have moved on romantically or your ex is flashing their newfound happiness for all to see, you deserve the compassionate legal representation of an attorney who will aggressively pursue assets on your behalf. Schedule a consultation today to have your questions about dating and adultery answered.