Dating while still legally married and pending final outcome of your divorce brings up a variety of potentially serious issues. The safest thing for anyone to do is to wait until your divorce is finalized. Some states still have adultery laws that make it a crime for a married person to have sex outside the marriage, or for a single person to have sex with a married person. Not only that, but adultery can be used as a factor in your divorce, even if your divorce is uncontested. If you can't wait, you should take steps to protect yourself.
Step 1
Talk to your lawyer. Always get your lawyer's advice about your case and ask what you should or shouldn't do. Though prosecutions are unlikely, having sexual intercourse outside a marriage is a serious crime in some states, and it can leave you open to criminal prosecution. Not only that, but dating during the divorce can also have a negative effect on your divorce and relationships with your family.
Step 2
Research the law. If you don't have a lawyer, you need to be sure how your dating can affect your divorce. Some states allow courts to view adultery or extramarital affairs as factors when awarding property divisions and alimony or child support and custody.
Step 3
Set limits. If you insist on dating while divorced, set firm limits with your partner. Consider very carefully how to handle your relationship, especially with regard to choosing to engage in intimate relations and in exposing your children to your partner.
Step 4
Be discreet. Do not flaunt your new relationship or do anything else that calls attention to your dating. Even if there are no direct legal consequences of your actions, the judge in your case is only human, and learning that you are already in a new relationship, and are flaunting it, can negatively affect your case.
Step 5
Prepare for negative consequences. Not only can you expect potential legal downfalls from your dating before the divorce, but it is reasonable to assume your spouse will not take the news well. Other people in your life might also react negatively, so prepare yourself and your partner for the negative consequences.
