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Can I Date During My Florida Divorce?

Jacksonville Divorce Lawyers » Blog » Divorce » Can I Date During My Florida Divorce?

Can I Date During My Florida Divorce?


Some divorcing individuals are not in a hurry to get back out there and start dating. In fact, some people even decide never to date again after a divorce. On the other hand, some divorcing individuals feel ready to get back into dating even before their divorce is finalized. For example, some couples are separated for extended periods of time prior to filing a divorce, and thus, they are already emotionally detached from their spouse, and they might be thinking of dating before the divorce is finalized.

If you are thinking of dating someone while your divorce is pending, you might be wondering if it is illegal to date during a divorce. So, can you date during your Florida divorce? It is not unlawful for you to date another person while your divorce case is pending in Florida. So, you can date during your Florida divorce. However, the more important question you should be asking is whether you should date during your divorce. Just because dating during your Florida divorce is not illegal does not mean it is a good idea for you to do so.

Dating During Divorce Can Cause Unnecessary Hostilities

Dating someone else while you have a pending divorce can create animosity between you and your spouse. Your spouse is bound to become hostile toward you if he or she finds out you are dating while your divorce is pending. If this happens, you and your spouse may have a hard time resolving your divorce issues, and if that happens, your divorce case may drag on and become more expensive for you.

Dating During Divorce Can Affect Your Timesharing Case

Judges generally do not like children being exposed to new “significant others” in the lives of their parents while they are still married.  This is very confusing for children and does not allow them sufficient time to process and deal with the divorce itself.  If children are older, it can also create tension and bad feelings between parents and children.  It certainly adds unnecessary stress and confusion for children of all ages.  Further, if you start dating before your divorce case is finalized, your spouse may argue that you do not care about your child or children’s feelings. He or she may claim that you care more about your dating partner. Your spouse may claim that your child or children are being exposed to situations he or she should not be getting exposed to. If these and many other arguments are brought forward, the judge may side with your spouse and decide to make a timesharing and parenting plan decision that favors him or her. Additionally, remember, even if this does not happen, the chances are, your timesharing case will drag on because of arguments by your spouse and his or her lawyer.  In sum, there are many risks and downsides to dating when it comes to the issue of timesharing and children.

Dating During Divorce Can Affect Property Division Decisions and Alimony Awards

Dating another person while you have a pending divorce can affect property division decisions. If, for example, you spend money that belongs to you and your spouse on the person you are dating, the share you use may end up being deducted from the share of marital property you were to receive.  Should you cohabitate during your divorce it can impact your ability to receive alimony because it impacts your “need” or “ability to pay” alimony in the divorce.

In conclusion, in most instances, your attorney will advise you to avoid dating while your divorce is pending. Even if you try to keep your dating partner a secret, the chances are, your spouse will find out.

Contact a Jacksonville Divorce Lawyer

Need more information on how dating before your Florida divorce is finalized can affect your case? If so, contact a Jacksonville divorce lawyer at The Lasky Law Firm.



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