Once the paperwork is filed and the divorce process begins, it’s easy to see yourself as free from the marriage. You may want to immediately do all the things you couldn’t do during the marriage, including dating. Your romantic relationship with your spouse may be over, but legally, the marriage isn’t. Until the court finalizes the divorce, you are still married.
Before this happens, any small misstep could be used against you. Starting a new relationship during your divorce isn’t illegal, but it can be detrimental.
Consequences of Dating During a Divorce
Here are some ways dating could be used against you while going through a divorce.
You Could Be Accused of An Affair
If you date before the marriage ends, your spouse could easily accuse you of having an affair. Technically, this claim would be true, as you are still married.
Family courts have a reputation for people acting out of spite. There’s an old saying among lawyers: “Criminal court is bad people on their best behavior, and family court is good people on their worst behavior.” You may trust that your spouse isn’t vengeful, but you also don’t want to give them ammunition against you.
If you start dating someone you knew before filing for divorce, it’s easier for your spouse to make infidelity accusations. They can claim that the affair began long ago before the divorce began.
You Could be Accused of Wasteful Dissipation
When a couple divorces, the court must decide how to divide the marital assets. Most states use an equitable property division model. In this system, property is divided by fairness.
Nevada is one of nine states that still use a community property division model. In this system, the state attempts to divide the marital assets equally, giving each spouse 50%.
Both models rely on the existence of marital assets, which is anything purchased during the marriage. Sometimes, a spiteful spouse intentionally wastes money, leaving the other with little to nothing after the divorce. This is an unscrupulous practice called wasteful dissipation.
If you start dating before your divorce settles, your spouse could accuse you of wasteful dissipation. They may claim that you are lavishly spending on your new lover, depleting the marital assets. Almost anything could be used as evidence. Imagine you buy a new outfit, go on a date with your new partner, and post a picture on social media. Simply by wearing these new clothes and displaying them online, your spouse and their attorney can spin a narrative that you are intentionally wasting money.
You Can Face Consequences in Child Custody and Parenting Time
One of the most sensitive areas in any divorce involving children is child custody and parenting time. If you have children and begin dating during the divorce process, it’s essential to be mindful of how it could be perceived by the court. Nevada courts prioritize the best interests of the child when determining custody and visitation arrangements.
If your dating life leads to disruptive behavior, such as introducing a new partner to your children too soon or engaging in behaviors that negatively affect your children’s well-being, it could influence the custody decision. It may also impact your ability to secure primary custody or equal visitation time with your children.
If your dating life is peaceful, respectful, and doesn’t interfere with the children, it’s less likely to have a negative impact on custody decisions. However, it’s important to avoid rushing into relationships and introducing new partners to your children prematurely, as this could be seen as confusing or destabilizing.
We're here to help you navigate every step of the process. Call us today at (702) 899-2875 or reach out online to schedule a consultation and start building the future you deserve.
Social Media and Public Perception
In today’s digital age, many individuals share details of their lives, including relationships, on social media platforms. It is crucial to exercise caution regarding your online presence while your divorce is pending. Publicly announcing or posting about a new relationship on social media may inadvertently inflame the situation with your spouse or negatively impact the divorce proceedings.
In Nevada, as in many other states, anything you say or do in the public sphere can potentially be used in court. For example, if your spouse’s attorney can present evidence from social media showing that you are engaging in behavior that contradicts your claims about the divorce or how you’re handling custody matters, it could influence the outcome of the case.
While dating during a divorce isn’t illegal, how you conduct yourself—both in person and online—can affect how the divorce process unfolds.
The Dangers of Baseless Accusations
The above scenarios and accusations may sound silly, and the court may agree that they are. Still, even outlandish, baseless accusations cause problems for you.
Regardless of its validity, any formal accusation requires an answer. Your attorney must investigate the claim and produce counterarguments. This requires gathering evidence. Documents are entered into evidence, and witnesses may be required to rebuke the accusations. All of these actions waste time and money. Remember, every step your attorney takes adds to your legal fees. This includes investigation, gathering evidence, and arguing your case in court.
Your expense only compounds if are paying your spouse’s legal fees. In that case, you’re spending money on their accusations and your attorney’s rebuttals. At worst, the opposing attorney may be guilty of “churning.” This is an unethical act where attorneys intentionally introduce bogus claims just to drag out the case. The longer they work on the case, the more money they get. It doesn’t matter to them if the accusations bear no fruit. They’ll get paid either way.
Dating After Divorce in Nevada
Dating after divorce is a personal decision that many individuals face once the legal process is finalized. For many, it offers an opportunity to move on from the past and embrace a new chapter in life. However, there are several important factors to consider before jumping back into the dating world, especially in the aftermath of a divorce. In Nevada, as in most states, you are legally free to date once your divorce is finalized, but it’s important to approach dating thoughtfully, taking into account emotional, legal, and practical considerations.
Here are some key areas where dating could potentially influence the legal aspects of your divorce.
Spousal Support (Alimony): If you start dating after the divorce is finalized and enter into a serious relationship, your ex-spouse may argue that you no longer require spousal support, especially if your new partner is providing financial support or if you move in together. If a cohabitating relationship is established, some jurisdictions may view it as a change in circumstances, potentially leading to a reduction or termination of alimony. That said, the mere act of dating is unlikely to affect alimony unless it results in living with a new partner who contributes financially to your household.
Child Custody and Parenting Time: If you share children with your ex-spouse, dating after the divorce may raise concerns, especially if your new relationship interferes with the children’s well-being. Nevada courts prioritize the best interests of the child when determining custody and visitation arrangements. If your new relationship is deemed disruptive to your children, it could impact custody decisions, especially if:
You introduce your children to a new partner too soon.
The new partner behaves inappropriately around the children.
Your dating behavior leads to a destabilized home environment.
Conclusion
Ultimately, it’s best to avoid dating while getting a divorce. When it comes to legal matters, it’s always better to be safe than sorry. You’ll have plenty of time to get back out there once the marriage finally ends.
If you need help with your divorce, our firm is here for you. Call us at (702) 899-2875 or contact us online.