Should You Date While Your Divorce is Pending? Get the Facts from a Family Law Attorney

Posted on: July 15, 2021

Should You Date While Your Divorce is Pending? Get the Facts from a Family Law Attorney

There’s no getting around it: life is difficult. You probably married your partner with the goal of spending the rest of your life with them. After some time has gone, you realize that is no longer the case. You decide to file for divorce in order to move on with your life. Then the inevitable occurs: you meet a new person. Is it okay to date while divorcing or should you wait till the divorce is final? Read on to discover more about this complicated issue, and then call the Law Office of Michael L. Fell for assistance at (949) 585-9055 .

It’s in your benefit that California is a no-fault state

The courts in California are unconcerned about the reasons for a broken marriage. This is due to the fact that we are a no-fault state. It’s true that dating someone before your divorce is final is technically an extramarital affair, even if you’re legally separated. However, in a no-fault jurisdiction, this is irrelevant when it comes to divorce.

When it comes to spousal support, the courts have more leeway. The good news is that it is not the responsibility of the courts to punish either spouse for whatever misconduct there may or may not have been. As a result, while awarding spousal support, the courts should not take your dating status into account.

Child custody arrangements might be influenced by dating

The waters become a little murkier when it comes to child custody. The court will not punish you for dating, but it will consider who is most suited to be with your child full-time. It’s possible that the person you’re dating has an impact on your decision.

Let’s assume you and a possible dating partner spend a lot of time with your kids and constantly criticize their other parent. This will not be tolerated by the courts. Similarly, even if you don’t drink, if your new dating partner is a heavy drinker, the court may have concerns about your ability to parent your child. If you’re going to date someone before you’re divorced, we recommend keeping your new love interest away from the kids in most situations.

Make an effort to talk things out

If you’re starting a new relationship, it’s not always a good idea to discuss it with your spouse. However, it’s always a good idea to discuss it with your family law attorney. In some circumstances, it may have a significant influence on your case. It is usually true that the more information your family law attorney knows, the better he or she will be able to assist you. This is no different.

You’re looking for Law Office of Michael L. Fell if you want the greatest legal counsel for your specific case. Call (949) 585-9055 today to speak with a lawyer who is dedicated to assisting you in achieving the best possible outcome for your case. We’ve here to help you. Call us, tell us about your circumstances, and we’ll help you chart a new path to a better future.