How Dating During Divorce Could Impact Your Case

A man and woman standing at the beach looking at the ocean with their arms around each other

More Harm Than Good

Moving on is an important aspect of life after divorce, and some choose to get ahead on this while their divorce is still pending by making the decision to put themselves back out there and begin going on dates with others. However, if these dates take place before the divorce is finalized, they can put the outcome of the divorce at great risk.

Legal Yet Not Expedient

There is no law in North Carolina that says someone cannot date during a divorce; in fact, it is perfectly legal to go on dates while legally separated and waiting for the divorce to be finalized. However, those who choose to do so should proceed with great caution, as any activity that could appear serious could give way to accusations of adultery and marital waste.

The Complications of Dating During Divorce

You are still married despite being legally separated and waiting for the divorce to finalize. This means that if your spouse discovers you are beginning to form a serious relationship with someone else, they could accuse you of adulterous behavior or file court action based on alienation of affection. These accusations could then enable your spouse to argue that you deserve less in assets or support or are less fit to meet a child’s needs.

If these accusations are made, the court could examine your behavior when determining child custody; your actions could be seen as neglectful of your parental duties, and you may end up with less time with your child as a result. In addition, your financial activity while dating may be examined, and you could be accused of wasting marital resources; if this is the case, you may face repayment of your spouse through property division.

Seek the Counsel of Your Attorney

The simplest advice on dating during divorce is simply to avoid it altogether. If you have questions about the divorce process, be sure to ask questions of your divorce attorney for the best guidance. At Blood Law, PLLC, our team can help you through any aspect of divorce and can provide you with realistic expectations on the process and life afterward. Your needs are important, and we will work to meet them each step of the way.


Learn more about divorce in North Carolina or schedule your consultation by calling us at (704) 286-0570 or by visiting our website.

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