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Can I Date During the Divorce Process in NJ?

Understandably, going through a divorce can be an incredibly overwhelming, stressful, and lonely process. As such, you may seek comfort in a new partner. While you may feel ready to date again since your marriage is over and you are now single, it’s crucial to consider the potential complications when it comes to dating before your divorce is final. Please continue reading to learn the potential consequences of dating during a New Jersey divorce and why connecting with a determined Ocean County Divorce Attorney is in your best interest. 

Can You Date Before Your Divorce is Final in NJ?

Although it’s not illegal to date during your divorce, it’s not a good idea as it can potentially lengthen the legal process and impact the outcome of your settlement. Dating before your divorce is final can hinder your ability to get the outcomes you want in your divorce. If feasible, it’s advisable to wait before jumping back on the market to facilitate a seamless divorce process. However, if you can’t wait until your divorce to start dating again, it’s crucial to be aware of the potential risks.

In New Jersey, you can file for no-fault or fault-based divorce. In a no-fault divorce, neither spouse blames the other for the demise of the union. As such, they can cite irreconcilable differences as the grounds for divorce. In a fault-based divorce, a spouse is claiming the other party’s actions are responsible for the failure of the marriage. There are numerous grounds you can cite for a fault-based divorce including adultery, abandonment, cruelty, and imprisonment. If a party cites adultery as grounds for divorce, they must provide evidence for dissolving the marriage including suspected dates. Essentially, dating during the divorce can result in the other party alleging the relationship started before filing for divorce.

Furthermore, engaging in relationships while getting a divorce could impact the distribution of assets. This is particularly true if one party can prove the other party has wasted money from a marital account or money that would otherwise be used to support joint expenses with a new partner. New Jersey is an equitable distribution state, meaning the court will fairly divide marital property. Therefore, if they believe one spouse has used marital funds to support a new relationship, it can influence the property division process.

Will it Affect Child Custody Decisions?

If you embark on a new relationship during your divorce, it can impact the court’s decisions regarding parenting time. When the court is determining custody and visitation rights, they will consider the child’s best interest to ensure their well-being. As such, a new partner’s criminal history or substance abuse issues could impact the court’s custody decision. Dating during your divorce can complicate legal proceedings and make co-parenting much more difficult. To protect your custodial rights, you should avoid dating until your divorce is final.

As you can see, dating during a divorce can be a risky business. It’s a good idea to hold off on dating to maximize your chances of achieving the best possible outcome. At the Law Office of Sarina Gianna, LLC, we are prepared to represent your interests and fight for your rights. Connect with our dedicated legal team today to learn how we can assist you during this difficult time.