Can I date after I separate from my spouse, but have not officially divorced?
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This is a question a lot of people ask once they are no longer living as a married couple. Legally, the answer is yes.
There is no criminal law that prevents someone from dating after separation and before the divorce is final. So, you may have good reason to want to date. Talk with your family law attorney if you are considering dating after you separate.
Be honest and upfront, and talk with the attorney about your options and the possible consequences. And remember, a year in the grand scheme of things is a relatively short time. So patience may be your best option.
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The court can consider marital fault in a spousal support determination. Evidence that you are in a relationship with someone after you separate could be used to support the contention that the relationship occurred prior to your separation. Anything beyond casual socializing may complicate the divorce process and even negatively affect the outcome when it comes to finances and child custody.
If you are wondering whether you can date during your separation period, the smart thing to do would be to ask one of our experienced divorce lawyers. Contact us today to schedule a consultation.
Legal Implications for a Spouse Who Chooses to Date After Separation
For your personal and legal benefit, the answer on dating you are likely to get from a lawyer is to tough it out, keep life simple until you are single again in the eyes of the law. As you weigh that advice, you should also consider:. Going through a divorce is an emotionally draining process. And although you may crave the emotional support of a new partner, you need to think through any decisions on dating.
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Stay in touch with your emotions, and ask yourself what you really need right now. Are you still thinking about your spouse? Take the time to be with yourself. And many people find that they have changed a lot over the course of the marriage, or that the marriage has changed them.
D.W.S. (Dating While Separated)
Before you consider dating, get to know your separated self. Think about your children. Starting a new relationship is your decision to make, but it will also affect the lives of your children. And during the separation period, your dating behaviors may affect child custody decisions related to the divorce.
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What are the odds that this relationship will last? Consider whether the person you are interested in is really the new love of your life.
If you believe he or she is, would it hurt to remain friends until your divorce is final? Have you taken the time to process what went wrong in your marriage? This is a big consideration and one that should influence how you approach new relationships going forward. It takes time to be able to take a step back and evaluate what you want out of your next relationship and how you want it to be different.