Dating while going through a divorce in Texas can add unexpected complications to the process. Texas is a “mixed state” for divorce, allowing filing on fault or no-fault grounds. However, it generally discourages dating during the process. Starting a romantic relationship during your ongoing divorce may lead to adultery repercussions.
Your new relationship may influence the division of property and affect spousal support. If you’re seeking alimony, the court might take your dating life into account before making a final decision. It’s wise to consult an experienced family law attorney in San Antonio to understand the implications of dating during your divorce. They can help you determine the best course of action.
This article will discuss what Texas law says in regards to dating during a divorce. Courts may view dating during the divorce process as adultery, even if you and your spouse are separated. You are still considered married until the divorce is finalized.
Is dating while going through a divorce regarded as adultery?
Adultery may serve as one of the fault-based grounds for filing for divorce in Texas. Courts may view dating during the divorce process as adultery, even if you and your spouse are separated. Going through a divorce doesn’t mean you’re single; you are still considered married during the proceedings.
The law treats you as a married individual until you receive the final divorce decree. Engaging in a sexual relationship with someone other than your spouse is classified as adultery. This behavior is distinct from simply having a casual dinner or messaging someone on a dating platform.
Judges in Texas have significant discretion in dividing community property and prioritizing the children’s best interests. If a judge disapproves of your dating efforts — it could negatively influence their decisions on various discretionary matters. The judge might perceive your actions as contributing to the breakdown of the marriage. Introducing a new partner to your children while still married can cause confusion and emotional turmoil for them. This is true regardless of whether there is a sexual relationship involved.
If you’re in a new relationship while going through a divorce, it’s important to consult a knowledgeable divorce attorney in San Antonio. They can help you understand the potential impact of your new relationship on your divorce proceedings. They can offer legal guidance to help you make choices that will minimize negative repercussions on your divorce proceedings.
Here are several reasons to avoid dating while your divorce is still pending:
Effects of Adultery on Divorce Proceedings
Dating during a divorce primarily affects alimony and property division, but it can also influence custody arrangements. In Texas, judges exercise significant discretion in spousal support and marital property division due to stringent laws. A court may allocate more property to the spouse who did not commit adultery.
Regarding alimony or spousal maintenance, adultery has a direct effect on the amount awarded. If the spouse receiving support committed adultery, it may result in reduced or denied alimony. If infidelity has impacted your divorce, consult an experienced San Antonio divorce attorney for a favorable outcome.
Adultery Might Intensify Conflict
Adultery can lead to significant conflicts between divorcing individuals, resulting in an extended and complicated divorce process. Starting new relationships may trigger emotional reactions from your spouse, hindering efforts to reach a settlement or find common ground. Heated disputes can delay case resolution and favorable terms for both parties.
Infidelity undermines the ability to settle the case amicably and efficiently, and can sometimes escalate into domestic violence. At the very least, it may prompt accusations of missing shared assets, such as spending money on a new partner. This could lead to exhaustive reviews of financial records to substantiate claims of financial misconduct.
As conflict escalates, costs rise for both parties as they incur greater expenses over time. The number of disputed issues may also rise, further increasing overall costs. To prevent such complications, avoid entering a new relationship until you finalize your divorce.
Dating while going through a divorce might put your parenting time at risk
Maintaining a positive co-parenting relationship with your spouse is essential for the well-being of your children. If your spouse shows that your dating life harms your children’s best interests, it may have consequences for your custody rights. Additionally, it could negatively affect your parenting time rights. Leaving your children to go on a date may also backfire and affect the outcome of your case.
Additionally, dating can affect your children’s emotional well-being. Even without dating during a divorce, it can be tough to spend quality time with your children. This challenge often arises amid the emotional turmoil. Prioritizing time with a new partner over your children can lead to emotional upheaval of the situation. Prioritizing time with a new partner over your children can lead to feelings of abandonment and distress. Your children need extra support now, and dating someone new may make them feel unimportant.
Emotional considerations against dating while going through a divorce
Entering a new relationship while your divorce is still ongoing can cloud your perspective. A new partner might boost your self-esteem but can distract from the emotional pain of divorce, which is unhealthy. You will eventually need to face and process your negative feelings to move forward.
A new relationship brings with it emotional complexities that you may not be ready to face. Research shows that individuals in second marriages are more likely to divorce again than those in their first marriage. Emotional turmoil from separating from your spouse can cloud your judgment in making important divorce decisions. Additionally, a new partner might unintentionally sway your choices, potentially exacerbating tensions with your ex-spouse. For these reasons, San Antonio divorce attorneys advise waiting until your divorce is finalized before starting a new relationship.
To date or not to date while going through a divorce
We advise against starting a new sexual relationship during your ongoing divorce. Even a platonic relationship with someone viewed as a potential romantic partner could complicate the divorce proceedings. Wait to introduce new friends to your children until the divorce is finalized. Most importantly, do not bring a date to court for any contested hearings.
An experienced divorce attorney assisting you through the divorce journey
Navigating a divorce can be difficult and emotionally taxing. If you’re struggling with your spouse, you might consider starting a new relationship to deal with your emotions. A partner who has faced infidelity may feel justified in seeking new love as retaliation. This approach, is unlikely to leave a positive impression on a judge.
Generally speaking, dating while your divorce is still in progress can complicate issues, prolong the proceedings, and increase costs. It may even lead the judge to view you as the party deserving of penalty.
Need help? Contact us today to get guidance regarding your divorce. Our divorce attorneys can help you make informed decisions that positively impact the process and your court presentation.