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5 Reasons To Wait Before You Date During A Divorce

Going through a divorce often marks one of the most stressful and emotionally taxing times in an individual’s life. After months or years of being unhappy in a marriage, it is only natural for those going through a divorce to seek a new relationship where they feel appreciated and bring hope for the future. However, pursuing a new relationship prior to your divorce being finalized can have several negative consequences. Learn about why you should wait until your divorce is finalized before you begin to date.

1. It Could Be Considered Adultery

In Texas, parties are considered to be legally married until the divorce is granted. Dating after filing for divorce in Texas can therefore be considered a form of adultery. The issue with this is that it raises questions as to whether or not community funds are being used to pay for dates, entertainment, gifts, etc. in the new relationship. This leaves the dating party subject to a reimbursement or waste claim. If the judge finds that misuse of community monies has occurred due to the new relationship, then when all is said and done they may end up receiving more than their fair share of what was once shared between both spouses. 

2. It Can Escalate Conflict

When one of the divorcing parties finds out that their spouse is already involved in another relationship it usually leads to an elevated amount of conflict involved between the parties. The result is often a prolonged divorce process in which it becomes much more difficult to reach a settlement that both parties agree on. The chances of reaching an amicable divorce settlement are usually thrown out the window at this point as a bitter and hurt ex is now focused on making life as miserable as possible for the spouse who started dating during the divorce.

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3. It Can Increase Costs

With increased conflict comes increased costs. Whenever one of the divorcing parties does anything that complicates or drags out the proceedings, everyone ends up paying more in order to reach a resolution. When a spouse isn’t pleased that their ex is dating before the divorce is finalized, the case often gets prolonged, the number of contested issues grows, and ultimately the case becomes more expensive. The below graph shows the results of a NOLO survey that polled family lawyers on how their divorce fees increased based on the number of conflicts involved in a case and whether or not it went to trial.

how conflict affects divorce costs

4. It Can Jeopardize Parenting Time

When a spouse becomes angry that their ex is dating during divorce proceedings oftentimes they are not willing to share equal parenting time. They may raise concerns about the children spending time with the new partner. In many instances, they will become contentious with regards to the items in the parenting agreement and are unwilling to make any exceptions to parenting time once an agreement is in place.

5. It Can Cause Added Stress On Children

Going through a divorce is not an easy time for anyone. It’s crucial to remember how hard it can be on children and make sure enough time is being spent with them. When a divorcing parent takes time away from their children to instead focus it on a new relationship it can hurt their mental health as they adjust to life with separated parents. Not only will they see the added stress this is adding to their other parent, but they will also start to wonder if they are less important. It is always important to put children first in a divorce and to be cognizant of how fragile a child’s mental state can become during this difficult situation.

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San Antonio, TX

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Associate Attorney
San Antonio, TX

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Associate Attorney
Austin, TX

Modern Family Law

Modern Family Law’s team of experienced Texas divorce lawyers takes a compassionate approach to the practice of family law. Using innovative technology to create an effective and efficient process for our clientele, our attorneys approach each case as a collective effort to find the best long-term solutions for each family. For more information please give us a call or fill out a short form online to sign up for a free consultation today! Let us make a positive difference in your life.

Posted April 20, 2022


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