Dating before a Divorce is Finalized

 Posted on November 24, 2014 in Main

Going through a divorce can be very difficult for both spouses. A divorce signifies a massive change in life, and, as such, either or both spouses may wish to seek solace in a new partner for comfort and love. Although dating may provide emotional support, spending time with a new romantic interest could negatively impact the divorce proceedings before they are finalized.

Dating Outside of Divorce May be Grounds

Spouses can get divorced in Illinois by claiming irreconcilable differences and satisfying a time period of separation from each other. Spouses may also be divorced by claiming certain grounds for divorce, one of which is adultery. However, claiming adultery only gives a spouse the basis for a divorce, and is not considered a factor when a court is deciding division of marital property or child custody, as the law does not consider marital fault in those matters.

Dating May Signal Dissipation of Funds

One issue that may arise with regards to dating would be a possible claim of dissipation of funds by the non-dating spouse. If the dating spouse is using any marital funds to entertain or court his or her new found love, this could lead the other spouse to claim that marital funds are being dissipated. Ultimately a judge would have to make a determination as to whether or not marital funds are being properly used, or if the spouse dissipating the funds needs to account for them.

Amicable divorces are based upon cooperation and compromise. If one spouse is not pleased with the other dating during the divorce, the concept of cooperation may be difficult. This could delay the divorce, or make it unnecessarily acrimonious.

Additionally, if a person is considering dating, he or she should think about other aspects of the divorce that may be affected. If the couple has children, for example, they may be more negatively impacted by the divorce to see one parent “move on” so easily. If both parents have no problem with dating pending a divorce being finalized, then it may be a good idea to have a discussion with the children to ease them into the new relationships and family dynamics.

Contact an Illinois Family Law Attorney

If you are considering divorce, and have questions about how it will affect your life, please contact one of our Illinois family law attorneys at MKFM Law today for a consultation. Call 630-665-7300.