Can I date if I'm still in the process of divorcing my wife?

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Question:

Can I date if I'm still in the process of divorcing my wife?

Answer:

The rules for divorce and men are complicated. One of the things you may be concerned about as a man getting a divorce is whether you can begin dating again when you are still in the process of divorcing your wife. The technical answer here in most cases is that you can, but you do need to be careful about a few things:

  • Are you undergoing a fault divorce or a no fault divorce? In a fault divorce, the spouse has to prove grounds- such as adultery. This means dating during divorce while you are still married can be counted against you. In a no fault divorce, things like this don't matter
  • Are you trying to get custody of your child? If so, getting a girlfriend might (but not necessarily will) hurt your chances. The court looks at what is in a child's best interests when determining custody and if it looks like you are going to be creating an unstable environment for your child with your dating activities, this can count against you

Your best best is to talk to a lawyer before you go out on that date and find out how it might impact your divorce case and whether it is a bad idea or not. 

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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