Can You Date During a Divorce in New Jersey? Legal and Practical Considerations
Getting a New Jersey divorce is an emotional, exhausting, and deeply personal experience. After living for long months or years in a bad marriage, you may be eager to finally end the relationship. However, what happens if you meet someone new? Can you begin dating again before your divorce is final.
This is a common question, and the answer is not simple. Our experienced Red Bank divorce lawyer explains the legal and practical risks involved.
Is Dating During a New Jersey Divorce Legal?
New Jersey does not prohibit dating during a divorce. However, while it may not be illegal, is it a smart idea? It depends.
Adultery is a fault ground for divorce under the New Jersey Statutes. If your spouse can prove you began seeing other people before your marriage ended, it can impact your rights when it comes to marital property division, spousal support, and child custody determinations.
The law does allow for no-fault divorce, which means you do not have to prove wrongdoing to end your marriage. However, dating before you get a final divorce order can still have serious impacts on legal proceedings. Common issues that often arise include:
- A new relationship can distract you from the divorce process, which can be time-consuming and draining.
- It generally increases tension between divorcing couples, making negotiations more difficult and contentious.
- There are likely to be concerns about introducing someone new to your children too quickly.
- Claims that marital funds were spent on a new relationship or that it started prior to the end of your marriage can complicate matters and delay getting a final order.
Even when dating is lawful, perception matters. Judges and opposing counsel may scrutinize behavior if it appears reckless or disruptive.
Practical Risks to Consider Before You Start Dating During a New Jersey Divorce
After years in a bad marriage, there is nothing wrong with wanting to date. However, while it may feel like a step forward, Psychology Today advises making sure you are not doing so for the wrong reasons, such as wanting to avoid being alone or antagonizing your former spouse. Consider these risks before moving forward:
- New relationships can prevent you from confronting what happened during your marriage.
- It diverts your focus and can impede necessary personal growth.
- Dating can complicate custody discussions or parenting plans.
- It creates controversy during an already difficult time and can complicate post-divorce recovery.
If you choose to date, keep boundaries clear and avoid involving it in divorce proceedings.
Concerned About Dating or Other Divorce-Related Matters? Contact Our Experienced New Jersey Divorce Lawyers
Decisions made during divorce can have lasting consequences. At Sanvenero & Cittadino Law Office, we help clients think strategically as they navigate deeply personal transitions.
Get the trusted legal help you need to protect your rights and your future during this difficult time. Serving clients throughout Monmouth County, NJ, Central New Jersey, and across New Jersey, contact our office and request a consultation today.
Sources:
lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1?f=templates&fn=default.htm&vid=Publish:10.1048/Enu
psychologytoday.com/us/blog/the-intelligent-divorce/201205/dating-during-divorce