And besides, you and your spouse have verbally agreed to date other people. The answer to the question, “Can I date while separated? Dating while separated can complicate eventual legal proceedings and damage your chances of a favorable resolution.
If children are involved, this could detrimentally affect your custody or visitation rights.
If there is a suspicion you may have had an extra-marital affair, it may be wise to delay dating until your case is settled or you are officially divorced.
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If infidelity/adultery — an intimate relationship with someone other than your spouse prior to separating — is an issue, then continuing a relationship with that same person after the separation can be used as evidence to prove adultery. Proof of adultery may affect alimony and child custody.
If you are in that situation, your legal situation becomes more complicated and discussing the specifics with your lawyer is important.
Judges tend to look disfavourably on introducing children to new romantic partners too soon after a separation.
Even if the marriage produced no children, prematurely “moving on” can complicate a property settlement or invite a lawsuit against the “the other man” or “other woman.” While “the other man” or “other woman” can no longer successfully be sued if the new relationship started after the date of separation, evidence proving that a relationship existed shortly after the date of separation can be used to help prove that a relationship existed prior to the date of separation.
Of course, no one can stop you from dating, but the question really becomes should you date?
Having to wait one year before being able to file for divorce can mean you are still technically married for over year.
You’ve moved out, gotten your own place, and you’re starting to think about moving on with your life.
You’re starting to notice other people when you go out and want someone to spend time with, someone who appreciates your company. While this may sound like a good idea, there are several problems to consider.
If this person’s character and moral qualities are in question, the other parent of your children could use your involvement with this person as a reason to try to change the custody arrangement.
Scenario Two If at any time before your separation, you were accused of having an illicit sexual relationship with this person you plan to date, then obviously your involvement with this person after your separation could possibly be used as evidence of such a relationship having existed prior to the separation.
Scenario Three If you are engaged in a hotly contested negotiation or litigation with your separated spouse over child custody, child support, alimony, or property division, and you have only been separated say, less than six months, then it is not in your best interests to begin a dating relationship with another person.