Many men wonder if it is ok to date while they are legally separated and in the process of a divorce. Dating while separated is somewhat of a gray area; however, as long as you abide by any legal agreements and follow the laws in your state, dating while separated is legal. The legalities of dating while separated are only one side of the issue for men as there may be emotional implications that impact the family for quite some time.
Separations are not the same as divorces, as you remain legally married to your spouse throughout the separation period. If you are separated and wish to begin dating, many things should be considered, including impacts on children and other risks involved. Let’s take a look at some of the more crucial aspects to consider before you decide to date while separated from your spouse.
The Type Of Separation Plays A Key Role In Your Decision To Date
Various legal separations exist, and each has significant implications on your decisions and lifestyle. If you are separated from your spouse and want to start dating, understanding what type of separation you agreed to is crucial.
For example, a trial separation occurs when both parties wish to remain married but take a break to determine the direction of their marriage. In contrast, a permanent separation concludes a marriage is irreconcilable. In most states, legal separations require a request to be filed in family court. When you are legally separated, you are not yet divorced, meaning you can date but not get remarried during this period.
Fully Understand The Risks Involved In Dating While Separated
Dating while separated comes with certain risks, regardless of impending divorce. If you are not legally separated from your spouse, dating may pose problems if you intend to seek a formal divorce. In some states, your spouse can sue whomever you are dating or blame you for adultery which can be used against you in a divorce case.
Being legally married and dating while separated can also create issues surrounding custody matters. As parents, both spouses have the right to know who their children are spending time with and say in the case. Also, questions regarding alimony payments may arise if you are dating while separated, something you should completely understand before you begin to date.
Seek Guidance From Your Divorce Attorney
The issue of dating during a separation should be discussed with your spouse and your divorce attorney to ensure you are all on the same page. The actions you take could result in negative repercussions during your divorce, so be sure you are fully aware of your options before making your decisions.
