Can I Date During My Divorce Case?

Here at the family law firm of Ferro, Battey & Eucalitto, LLC, clients often ask our divorce lawyers whether they are allowed to date during their case. The short answer is, yes. However, while there is no rule preventing either party from dating while preparing for a divorce, there are some things you want to consider:

1.   Avoid Dating Someone Known to You or Your Spouse Prior to the Divorce Filing

We caution our clients to avoid dating someone known to the family before the case started. That is because dating a family friend, old classmate, or child’s soccer coach, for example, may give rise to the suspicion that an affair began prior to filing for divorce.

2.   Avoid Lavish Gifts, Dates and Vacations with Your Romantic Partner

Automatic Orders go into effect as soon as a divorce action is filed and the legal separation has begun. They are designed to maintain the financial status quo during the divorce process by preventing either party from making significant changes to finances or property. Among other things, the Automatic Orders provide:

Neither party shall sell, transfer, exchange, assign, remove, or in any way dispose of, without the consent of the other party in writing, or an order of a judicial authority, any property, except in the usual course of business or for customary and usual household expenses. . . .

This means both parties must keep their spending consistent with past practices. Lavish spending on a new romantic partner—such as trips, gifts, or expensive meals—can be considered a violation of this order, potentially leading to penalties by the court and a financial credit to the non-offending party.

3.   Information About Your Romantic Partner May be Discoverable

Not in every case, but in certain cases, information, such as written communications or evidence of gifts and vacations, between you and your romantic partner may be discoverable. Depending on the case, your new romantic partner may be required to sit for a deposition. For these reasons, be mindful of the information you share with your new romantic partner, as it may not be private in the future.



4.   Consider the Impact on Your Children

As is in any contested custody case, the children must be a priority. Time spent away from the children in the company of a new romantic partner may not be seen as time well spent. Moreover, our child custody attorneys typically do not recommend introducing your children to your new romantic partner during the case.