Why You Shouldn’t Date During Your Divorce

Waiting Until Your Divorce is Finalized

You may think that the start of your divorce is the perfect opportunity to begin a new relationship with someone; after all, your marriage is going toward its final stages. However, dating while getting a divorce is a decision that could have significant negative consequences on the final outcome. Here is why you should avoid dating until after your divorce is finalized.

The Status of Your Marriage During Divorce

Under Texas law, a couple is legally married until after their divorce is finalized by the issuance of a final divorce decree by the court. Until that time, you and your spouse are still legally married under the law. Therefore, beginning a dating relationship with a new partner could be seen as infidelity.

The Potential Consequences

As mentioned previously, dating someone while in the midst of getting divorced could be seen as an act of infidelity or adultery. Texas legally defines adultery as willful sexual intercourse with someone other than your spouse. While you and your new partner may not have made it to this point yet, your spouse could use circumstantial evidence, such as text messages, to convince the court that adultery may be taking place.

Even if such a situation does not happen, you could still face other ramifications. For example, using funds owned by you and your spouse to pay for dinner dates or gifts could be viewed as marital waste. If you are accused of such, you may be responsible for reimbursing your spouse, and this could take place in asset division. You may end up with less than you may want because of your new relationship.

In addition, while alimony is not automatically awarded in a divorce, should your spouse seek alimony, your new dating relationship could impact how much is paid.

Because of these reasons, it is far better to hold off on your new relationship until after your divorce is finalized. The risks are too great to begin a relationship while going through the process.

Do You Have Questions About Divorce in Texas?

Divorce can be a difficult process, and there may be so many moving parts that you might not know how to proceed. When you have these moments, it’s important to consult with a divorce attorney who can provide you with the guidance you need to move forward. At Law Office of Mark M. Childress, we aim to help our clients move throughout the divorce process by arming them with the knowledge needed to make the best possible decisions for their futures.


To learn more about Texas divorce laws or to schedule a consultation with an attorney for your divorce, call our office at (817) 497-8148 or visit our website.

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