Can I Date Before My Divorce Is Final in Florida?
Divorce can be an emotionally draining process. Because of this emotional exhaustion, it is normal for people to consider dating while their divorce is still pending. A new relationship can offer company and comfort. But are you allowed to date before your divorce is final? As divorce attorneys in Orlando, we get this question a lot. Well, there is no law in Florida that prohibits you from dating before your divorce is finalized. However, there are some very real reasons why it may be best to avoid dating while your divorce is pending. Dating during a Florida divorce can have a potential negative impact on the divorce process.
Below, we discuss what Florida law says about the issue of dating during divorce and how dating before your divorce is finalized can impact your case.
Is It Legal To Date While Your Florida Divorce Is Pending?
In Florida, there is no specific law that criminalizes dating while you are going through a divorce. Therefore, dating while your Florida divorce is pending is generally not considered a crime. However, while it is legal, does it mean you should do it? While dating during your divorce may not be considered illegal, it could have some adverse effects on your divorce. It can affect alimony, property division, and child-related decisions. Even if dating does not affect your divorce in the legal sense, it could have other consequences.
How Dating Can Affect Your Divorce Case
Florida is a no-fault divorce state. A person seeking a divorce does not have to prove their spouse’s wrongdoing for the divorce to be finalized. So if you start dating while your divorce is pending, your spouse generally cannot use that against you. However, even in a no-fault system, dating can still impact divorce-related issues like alimony, property division, and timesharing.
- Potential Effect on Alimony
According to Florida Statutes section 61.14, being in a supportive relationship can be grounds for reducing or terminating an award of alimony. If you begin dating before your divorce is finalized, your spouse may argue that you are in a supportive relationship. Even if the relationship is not supportive, your spouse may manage to raise questions about whether you need financial support.
- Potential Effect on Property Division
Dating alone will not play a role in determining how marital property is divided between you and your spouse. However, if you spend marital funds on your new boyfriend or girlfriend, your spouse could argue that you are wasting or dissipating marital assets. This could result in the court awarding more property to your spouse than to you.
- Potential Effect on Timesharing
When making timesharing decisions, Florida courts focus on the child’s best interests. Florida Statutes section 61.13 outlines several factors that courts should consider when deciding timesharing plans, but judges have the discretion to consider almost anything they decide is relevant. If your spouse argues that your dating is not in your child(ren)’s best interests, you could end up with less time with your child(ren).
- Other Potential Consequences
Even if dating during divorce does not have a legal impact on your case, it could cause tension between you and your spouse. This could affect negotiations, which could, in turn, prolong the process and increase legal fees.
Contact an Orlando Divorce Lawyer
If you are considering dating during your divorce, contact our experienced Orlando divorce lawyers at the Arwani Law Firm for help understanding the potential consequences and protecting your interests.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.13.html
