Divorce often marks the end of one chapter, and the beginning of another. It’s no surprise that many people consider jumping back into the dating world before their divorce is officially finalized. Dating during divorce, however, can quickly become complicated, especially when legal, financial, and parenting issues are still unresolved. If you’re considering dating during divorce in San Diego, here’s what you need to know before you take that next step.
Is It Legal to Date During Divorce in San Diego?
Yes, dating during divorce is legal in California. Although, that doesn’t mean it’s without consequences. While the law doesn’t prohibit dating, your actions during the divorce process can impact everything from your property division to your child custody arrangements.
California is a no-fault divorce state, which means the court doesn’t assign blame for the breakdown of the marriage. However, behavior during the divorce can still influence a judge’s perspective, especially if it affects your children or finances.
How Dating Can Affect Your San Diego Divorce
Even if your new relationship feels casual or low-key, dating during divorce in San Diego can have unintended consequences in certain areas:
1. Child Custody and Parenting Time
Courts focus on what’s in the best interests of the child. If a new partner is introduced too soon or raises concerns about stability or safety, your decision to date could hurt your custody case. Judges may question your judgment, especially if your new relationship interferes with parenting responsibilities or creates confusion for your children.
2. Spousal Support and Property Division
If you move in with a new partner before your divorce is final, it could affect how spousal support is calculated. San Diego courts may lower or even deny spousal support if it looks like your living expenses are being shared or your new partner is helping you financially. In some cases, a judge might also see gifts or big purchases as an attempt to hide or inappropriately spend marital assets.
3. Emotional Tension and Settlement Negotiations
Even the most amicable divorce can turn hostile if one spouse starts dating during divorce. A new relationship can stir up jealousy or resentment, making it harder to negotiate and resolve issues outside of court. This can result in longer, more expensive litigation.
How to Protect Yourself If You Decide to Start Dating During Divorce
If you do decide to pursue dating during divorce in San Diego, there are ways to minimize the risks:
- Keep it private: Avoid flaunting a new relationship on social media or in front of your children. What feels like a small detail can be used against you in court.
- Wait to introduce your kids: Only bring a new partner into your children’s lives when the relationship is serious and stable. Even then, it’s best to proceed with caution.
- Be transparent with your San Diego divorce attorney: Let your divorce lawyer know if you’re dating. They can help you navigate any legal implications and adjust your strategy if needed.
- Avoid financial entanglement: Don’t combine finances, move in together, or make large purchases on behalf of a new partner until your divorce is finalized.
It’s completely natural to want to move on, especially if you’ve met someone new. Just be sure to move forward with caution until your divorce is finalized.
When It’s Best to Wait Until the Divorce Is Final
In certain situations, waiting to date until after your divorce is finalized can help protect your case and your peace of mind. Here are a few examples:
- Your divorce is highly contentious.
- There’s a pending custody dispute.
- You’re still emotionally tied to your spouse.
- Your finances are under scrutiny.
- Your children are having a hard time adjusting.
In these situations, holding off on dating can help you protect your interests and give you space to build a stronger foundation for the future.
Work With a San Diego Divorce Attorney Who Understands
At Fair Cadora, we understand that divorce isn’t just a legal process; it’s also a personal journey. Our San Diego divorce and family law attorneys offer compassionate, strategic guidance to help you navigate every challenge, including dating during divorce.
We’ll help you understand the potential risks and develop a plan that protects your rights, your children, and your future. Whether you’re considering dating or already in a new relationship, we can advise you on how best to proceed without jeopardizing your divorce outcome. Contact us today to schedule a case evaluation.
