Monday, May 19, 2014

Going through divorce: Can I start dating again?

After the separation of the parties during a divorce, some people, though not all, want to begin dating again as soon as possible.  So, legally, when can you start dating and when is still considered adultery?

While technically, you MAY be able to get away with dating after separation but prior to a final divorce, you may also face negative repercussions to doing so.  If there is any issue with the separation date or other technicality with the divorce, you could face being accused of adultery. Additionally, if the court finds that your post-separation adultery prevented reconciliation, the court may grant your spouse a divorce based on, among other things, post-separation adultery. 

If the court finds that you have committed adultery, there are some potentially serious consequences for you.  The biggest consequence you could face is being denied spousal support.  Depending on your case, this could result in a loss of a fair amount of money to you in your divorce case.

That being said, it is safest to wait to begin dating until the divorce is finalized.  You should always feel welcome, however, to discuss your individual circumstances of your case with your attorney to determine what is best for you individually.

If you are thinking about divorcing or currently going through a divorce and would like a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.