Is Dating During Divorce Considered Adultery?
Is Dating During Divorce Considered Adultery in Arizona: 7 Key Facts to Know
As a legally married person starting divorce proceedings, you and your spouse may already be ready to move on to new relationships. Not all marriages last forever, and many of them end for various reasons.
Perhaps your spouse has fallen out of love with you and in love with someone else, or maybe you’ve found yourself head over heels for a new partner. Whatever the case, as you start dating, you might wonder, is dating during divorce considered adultery?
Starting a new relationship while still technically married may bring potential consequences, like financial and legal ones. Arizona, however, is a no-fault divorce state, which means there’s generally no need to prove allegations like adultery to obtain a divorce. Despite this, many divorce attorneys encourage exercising caution when dating before your divorce is finalized.
Dating can complicate proceedings in multiple ways, including accusations of marital misconduct. Having a clear understanding of the potential impacts can help you make more informed decisions.
1. What Does Arizona Law Say About Adultery?
Under Arizona law, adultery is defined as sexual relations between a married person and someone who is not their spouse.
While Arizona follows a no-fault divorce system, meaning infidelity isn’t typically grounds for divorce, claims of adultery may still arise during divorce proceedings. This is particularly true when one spouse believes it may have an impact on issues such as spousal support or asset division.
If you’re simply going out for dinner or attending social outings, this may not legally qualify as adultery. However, entering into a romantic or physical relationship during the divorce process could still raise eyebrows and influence the case.
So, is dating during divorce considered adultery? While it depends on the circumstances, sexual relationships before the finalization of the divorce may qualify under the legal definition.
2. Legal Implications of Dating During Divorce in Arizona
Although Arizona is a no-fault divorce state, dating during divorce isn’t without potential complications. Here are some ways dating during this time could impact your case:
- Asset Division: If accusations of infidelity arise, it could influence how the judge perceives you, which might affect how assets are divided. While proof of adultery alone won’t directly alter property division, it may have an indirect effect when paired with claims of negative financial or emotional repercussions.
- Spousal Support: Dating someone could affect spousal maintenance outcomes. Courts in Arizona may consider your financial situation more stable if you’re in a new relationship, especially if you’re living with your partner, potentially reducing any support awarded to you.
- Child Custody: Dating during divorce may also lead to scrutiny in child custody cases. The court prioritizes the best interests of the child, and introducing another significant figure into the mix may be viewed as destabilizing or disruptive
3. How Dating During Divorce May Affect Child Custody
Child custody is a sensitive issue during divorce proceedings. If one spouse begins dating before the marriage is legally dissolved, it might affect the court’s view of their role in the child’s life. Family law judges remain laser-focused on one thing: the best interests of the child.
For example, if engaging in a new relationship creates an environment of instability or emotional conflict for the child, the judge could decide against granting custody. Such decisions might include requiring the dating parent to pay child support or reducing the time they spend with the child.
The added stress of seeing a parent dating someone new can also emotionally impact the child. Divorce is already a challenging transition for kids, especially when they’re balancing time between two homes. Introducing a new partner too soon can exacerbate these emotions, leading to long-term ramifications for the child.
Is Dating During Divorce Considered Adultery: Tip for Parents Considering Dating
To minimize these issues, it’s crucial to prioritize your children’s emotional stability. Avoid introducing a new partner to your children until the divorce is finalized and they’ve had sufficient time to adjust. Even then, proceed carefully and discuss boundaries with both your children and your co-parent.
4. Potential Changes to Spousal Support While Dating During Divorce
One of the most significant ways a new relationship may influence your divorce case is through spousal support and property division. While Arizona’s family law statutes don’t prohibit dating during a divorce, they leave room for complications regarding financial arrangements.
If you move in with your new partner, the courts may determine that some of your financial needs are being met, affecting the potential amount of spousal maintenance you receive. Similarly, your soon-to-be ex-spouse might argue for a larger share of assets, especially if they claim your relationship began before the divorce process, leading to accusations of financial misconduct.
Is Dating During Divorce Considered Adultery: Real-Life Example
Consider this scenario: You begin living with your new partner while the divorce is ongoing. Your ex-spouse’s attorney might argue that your reduced living expenses justify lower alimony payments. At the same time, the court may decide that your ex-spouse is entitled to a greater share of marital property since you’ve formed financial ties with someone new.
For these reasons, waiting until the divorce is finalized can help you avoid jeopardizing your financial outcome.
5. Is Dating Adultery During Legal Separation?
If you’ve legally separated but not yet divorced, the lines surrounding adultery remain somewhat blurred. Arizona courts consider you legally married until the divorce is finalized. This means any romantic or sexual relationships could technically be classified as adultery during this time.
While the court typically won’t penalize you for dating, the specifics of your case matter significantly. For instance, if evidence of infidelity suggests it disrupted marital stability or influenced the decision to separate, the judge may lean favorably toward your spouse for major rulings like asset division or custody.
Is Dating During Divorce Considered Adultery: Advice for Legally Separated Individuals
The simplest way to avoid misunderstandings is to postpone dating until your marriage is ended in the eyes of the law. This eliminates the risk of repercussions during what is already an emotionally and legally complex time.
6. Why Waiting to Date Can Be a Smart Move
When it comes to the question, “Is dating during divorce considered adultery?”, deciding to wait until after your divorce is finalized can save you from unnecessary complications. Here’s why:
- Ensure Future Stability: Rushing into a new situation can backfire, especially if the new relationship isn’t as stable as you initially thought.
- Focus on Emotional Healing: Divorce is often likened to grief, requiring significant time and emotional energy to work through. Jumping into another relationship may delay this healing process.
- Strengthen Legal Standing: By waiting to date, you limit accusations or perceptions of wrongdoing, helping your attorney argue your case with stronger credibility.
- Protect Your Children: Allow your children time to adjust to one major life change before introducing another. This can help create a more secure and stable environment for them.
7. How Dating Can Influence the Judge During the Divorce Process
It doesn’t matter if you and your spouse are both in full agreement on this divorce. A judge overseeing your case in court may award the other party more money because you are dating or living with another person.
In divorce, the process involves making a fair decision for each party, and the court may reasonably award less money to you if your financial needs are being met by someone else. This partner may not work out, and you may be left with little to nothing when you move forward.
The best way to protect your rights when you are ready to move on with another partner is to speak with a divorce attorney. The Law Office of Cosmas Onyia can help you through legal guidance and support to navigate this complex process. Contact us today to have your questions about dating and adultery answered.
