Emotions often run high in a marriage that is coming to an end. You may wonder when it’s appropriate, or even permissible, to start dating after the divorce process begins. In Bloomington, the answer is yes, you can date during a divorce. However, as with many areas of family law, timing and presentation can matter significantly, and a Bloomington divorce lawyer at Stange Law Firm, PC, can help you navigate it.
Dating during divorce isn’t illegal, but it can have serious emotional and legal consequences. Learning how to begin a new relationship while your case is pending can help you avoid additional stress and conflict with your spouse or unintentional legal missteps.
Illinois is a No-Fault Divorce State
In Illinois, the marriage rate was 5.1 per 1,000 with a divorce rate of 1.2 per 1,000. To start, it’s helpful to understand the legal context in which dating during divorce exists. Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/101), divorce can be obtained on a no-fault basis. This means you do not need to prove wrongdoing, such as adultery or abuse, in order to have your marriage dissolved.
Either party can simply cite irreconcilable differences or irretrievable breakdown of the marriage. Because you do not need to prove fault, dating during divorce is not itself a legal ground to deny or delay the dissolution of marriage.
Dating Is Not Illegal, But It Can Impact Your Case
While dating during divorce is legally permissible, your conduct can impact certain factors of the case, including the following:
- Custody issues. Judges rule based on what’s in the best interests of children. A new romantic partner introduced too soon during the divorce process can create problems for routines and stability when children are involved.
- Spousal maintenance. Illinois looks at the conduct of each spouse during the marriage as one factor among many when it comes to maintenance. Dating alone is unlikely to affect the decision, but other factors, like financial decisions linked to a relationship or alleged affair, such as overspending, moving money around, or using marital assets to fund the relationship, could be relevant.
- Property division. Dating in and of itself will have no direct impact on property division. The discovery of financial misconduct, such as secret accounts or spending marital funds, may result in increased legal examination.
Judges will interpret these facts based on how they relate to a child’s well-being or the financial equity of the divorce.
When Dating May Create Legal Issues
Judges care about stability. The court may perceive a new romantic relationship before finalizing your divorce as a sign of emotional instability if the relationship has just begun or lacks commitment. There is no bright line, but it is something family law judges pay attention to in terms of parental conduct.
When a couple combines their financial resources with a new partner through shared expenditures and account access during divorce proceedings, this activity may be classified as marital asset dissipation. The court is watching to see if one spouse is depleting marital resources without a valid reason or using them inappropriately.
Judges don’t want to see people taking advantage of the divorce process to make imprudent financial decisions. Purchasing luxury gifts or romantic getaways for a new partner out of marital funds can be construed as a depletion of marital assets.
The Bottom Line
In summary, yes, you can date during a divorce in Bloomington, IL. It is not illegal, and it will not automatically result in negative consequences. However, it is prudent to proceed with care. Consider the emotional as well as practical implications of moving forward with a relationship while you are still legally married.
About Stange Law Firm, PC
Stange Law Firm, PC, is a multi-state divorce and family law firm serving families throughout Central Illinois. We handle cases in Bloomington, IL, and other communities in McLean, DeWitt, and neighboring counties. Our lawyers focus exclusively on divorce and family law, helping clients protect their legal rights, understand the legal process, and move forward with confidence. We have served the Central Illinois community since 2007.
FAQs
Q: Is It Legal to Date While My Divorce Is Still Pending in Illinois?
A: Yes, it is legal to date while your divorce is still pending in Illinois. Illinois is a no-fault divorce state, so dating during divorce is legal. You are not required to remain single once divorce proceedings begin. Dating is permissible during divorce, but specific associated behaviors, including financial choices and parenting decisions, can still influence your legal proceedings.
Q: Can Dating During Divorce Affect Child Custody Decisions?
A: It could, depending on the situation. Illinois courts consider what is in the child’s best interest. If the dating is causing an unstable home environment, exposing children to dangerous people or situations, or interfering with the children’s schedules, a judge may take the new relationship into account when making a ruling on parenting time or parental responsibilities.
Q: Should I Introduce My Children to Someone I’m Dating During the Divorce?
A: It’s usually wise to wait to introduce your children to someone you’re dating during a divorce. Bringing kids too soon around a new love interest can emotionally confuse them. It can also make a court worried about your stability. A judge likes to see things in a child’s life that don’t change while divorce is pending.
Q: Can My Spouse Use My Dating Life Against Me in Court?
A: Your spouse may bring up your dating life, but it matters only if it has an impact on money, parenting, or the welfare of children. Judges have no interest in moral judgments. They only care if dating behavior has a legal impact, such as the impact on children or unfairly diminishing the marital estate.
Contact Stange Law Firm, PC
Divorce can bring emotional turmoil and confusion for everyone involved. While it is legal to date during a divorce, it is most beneficial to do so with care. An attorney at Stange Law Firm, PC, can help you understand how your dating life may affect your divorce case. Contact us today for new information.