Can You Start Dating Before Your Divorce is Finalized?
One reason to divorce is to free yourself up to get back into the dating pool. Although we know some men and women need a long “time out” from relationships, others are eager to take the plunge. The good news is that Florida does not prohibit dating after divorce paperwork is filed. You do not have to wait for the divorce to be finalized before you can start dating again.
Nonetheless, dating can have some negative impacts on your divorce, which you should consider. As always, reach out to our law firm if you have questions.
Reasons to Avoid Dating Right Away
At Hamilton O’Neill, we believe in empowering our clients to make the best choices for themselves. As a general matter, Florida does not prevent people from dating if they are divorcing. However, Florida law does instruct judges to consider adulterous conduct when deciding alimony. So, if you are cheating on your spouse, that is different. Any adultery could actually negatively impact your divorce.
Once you or your spouse files for divorce, you are free to date if you so choose. But there are some countervailing considerations:
- Dating can increase tensions and impair your negotiations. Your spouse might be upset that you are dating already, especially if you are public with the relationship. Many high-end couples hope to negotiate a divorce amicably, which can help them maintain their privacy. Dating so soon after filing for divorce can trigger a meltdown. Your spouse might dig in and fight simply out of spite.
- A judge might question when the relationship started. As mentioned above, Florida law instructs judges to consider adulterous conduct and its economic impact when setting alimony. If you quickly jump into a new relationship while your divorce is pending, a judge might wonder if you started the relationship much earlier. This risk increases if your new partner is someone you knew before filing for divorce, such as a colleague at work.
- The new relationship could impact child custody. Florida judges do not punish parents for dating. However, a judge decides contested custody issues based on the child’s best interest. A new relationship could impact custody if you spend a lot of time away from your children. There might also be questions about whether your new partner is a threat to your child’s safety in any way.
We encourage clients to enter relationships with their eyes wide open. The safe bet is to wait to start a new relationship until your divorce is finalized. That way, you can avoid any probing questions about when the relationship started and its implications on alimony and custody.
Contact a Miami Divorce Lawyer Today
Divorce involves more than filing out some paperwork or appearing in court to answer a judge’s questions. Adequate preparation requires thinking through what you want from a divorce and how to go about achieving your objectives. Contact Hamilton O’Neill today to speak with a Miami divorce lawyer. We have helped many clients with their family law needs, including divorce. You can schedule a consultation by calling 305-371-3788.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html