713-333-4430Are there Legal Implications to Dating Before Divorce is Final?
Divorce is a demanding process often loaded with circumstances, conflicts, and feelings pulling you in every direction–essentially, it is emotional acrobatics. Starting to map out the future and prepare for the next chapter can seem exhausting or exhilarating. For some, the appeal of moving ahead may include dating before the divorce is final. But is this a good idea? What are the potential legal implications and repercussions of dating before the divorce has concluded? Now, those on the other side of things, divorcing their spouse and have learned they are dating, may also be wondering what impact this has on things aside from what you feel. To navigate these complexities, seeking advice from a Texas divorce lawyer is essential. Our divorce law firm in Texas can provide the guidance and support you need to make informed decisions during this challenging time.
Before jumping into the dating scene, reviewing the potential legal ramifications is wise. Texas, like many states, has specific laws and considerations regarding dating during the divorce process. Here’s what you need to know.
The Perspective of the Spouse Who Wants to Date
If you’re thinking of dating before you have officially finalized your divorce, then it could be safe to assume you fall into the group of individuals getting divorced who are eager to move forward. However, before you make a Tinder account, join FaceBook dating, or go on that blind date or maybe that second date, consider the following factors.
- Legal Definition of Adultery
In Texas, adultery is defined as voluntary sexual relations with anyone other than your spouse. Even if you and your spouse are separated, you are legally married until that divorce is finalized. Engaging in a sexual relationship with a new partner during this period can actually be viewed as adultery, which, yes, can impact your divorce proceedings.
- Can Dating Impact Proceedings?
Yes- adultery can influence your divorce proceedings, including the division of property. Texas courts have the discretion to consider adultery when deciding on the division of marital assets. If it’s proven that you committed adultery, the judge can award a greater serving of the marital estate to your spouse.
- Emotional Complications
New relationships come with surprises as you are just getting to know the other person. Emotions and hormones play a role, especially in the early stages of dating, and mixing in emotions from a divorce that has not yet wrapped up can mean unprocessed emotions that can create an emotional strain. It’s imperative to be real with yourself and identify if you are truly emotionally prepared to move on and that you are not deep down using the potential of a new partner as an escape from dealing with the pain, stress, or even grief of the ending of your marriage.
- Child Custody Impacts and Concerns
Dating during a divorce can also affect child custody arrangements. Courts always put the child’s best interests and needs first. Introducing a new partner during the divorce process, which also impacts children in divorce, can create instability and emotional confusion for your children. These shifts can trickle into their school day, behavior, social life, mental health, and overall welfare. Your opportunity to obtain favorable custody terms can be adversely affected by dating before the divorce is over.
The Flip Side: How it Feels to See Your Spouse Dating During Divorce
To have your former partner start dating when the two of you are still married, in the eyes of the law, can not only add another layer to the hurt you are already experiencing and trying to process but also complicate proceedings. However, with the discovery that your spouse is already dating, the entire divorce experience has gone from an emotionally taxing process to a legally significant matter. Here’s how their decision and actions could impact you and the divorce:
Emotional Impact: Witnessing your spouse with someone new before the door to your marriage has shut can definitely stir up a lot of emotions, including anger, sadness, and jealousy. It’s important to recognize and process these feelings either by seeking support from trusted friends and family or a professional therapist. Emotional turmoil derived from divorce is dense but even more intense when your spouse is moving on before you’ve even had a chance to say goodbye to the marriage. It also makes it harder to focus on the practical aspects of your divorce, like the negotiations and legal proceedings.
Developing Legal Strategy: If your spouse is dating while you’re still divorcing, it’s not all bad news; their haste might be used to your advantage in the divorce. If you can provide proof that your spouse’s new relationship qualifies as adultery, it can sway the judge’s decisions regarding major components like property division and child custody. Demonstrating that martial funds were even used on these new relationships can also be beneficial in court and financially.
Impact on Settlement Negotiations: Knowing that your spouse is dating might affect your willingness to negotiate. You may feel less inclined to compromise, prolonging the divorce process and making it more contentious. Hatred like this can lead to a more drawn-out and expensive divorce. Alternatively, rush through things and miss opportunities for accurate calculations of property division and spousal maintenance. You must prioritize, strategize, and lean on your divorce lawyer for guidance.
Influence on Custody: You may be worried about how your spouse and their new relationship affect your children, and rightfully so–introducing a new relationship while parents are still divorcing can be borderline traumatic for children. At a minimum, children witnessing a parent rush into a new relationship before their parents have officially divorced can become confused, stressed out, and emotional. The wounds from such hasty decision-making can resonate and translate into acting out, other behavioral changes, anxiety, isolation, and negative impact on social and emotional development.
Legal and Emotional Consequences
Whether you are the one dating or the one witnessing it, there are significant legal and emotional consequences to consider. From a legal standpoint, adultery can affect the division of assets and child custody. Judges have broad discretion in these matters, and if adultery is a proven element, it can act as a catalyst in the outcome of proceedings. Introducing a new partner complicates custody agreements, as custody rulings can be persuaded. Heightened tension can prolong divorce proceedings, making cordial negotiations and agreements inaccessible. Understanding the consequences is paramount from either perspective. Given the potential legal and emotional consequences, it’s generally advisable to wait until you avoid complications and ensure a smoother transition for all parties involved, from spouses to children.
If you are unsure about how dating can impact your divorce it is essential to consult with an experienced Texas divorce attorney. Contact our divorce law firm today at 713-333-4430 to schedule a consultation and learn more about how our experienced and trusted Texas divorce attorneys can help you during this difficult time.
Attorney Kevin Hunter at Boudreaux Hunter & Associates, LLC has experience with child custody, spousal support, high conflict divorce, and is fully equipped to guide you through the process. Learn more about Kevin on his profile here.
