If you are going through a divorce in Illinois, then you luckily do not need to undergo a period of separation before beginning the process (this law was eliminated in 2016). However, this does not mean that a divorce is done in a day, meaning that you may feel that you are stuck in limbo until the end. During this time, you may find that you are interested in dating again. Even though you are filing for divorce and going through the legal motions to fully terminate your marriage, would it technically count as adultery, since you are not legally divorced yet?
There is no absolutely clear answer to this question, but you are unlikely to run into any issues if this is the decision that you make. However, there are a few things that you should consider before you start dating to be certain that you do not create any issues that may further complicate your divorce. Take a look at them below, but make sure that you consult with a Divorce Lawyer in Schaumburg, IL to be certain that you are doing everything by the books.
Do Not Spend Marital Assets While Dating
If you still have a joint account or mutual assets with your partner while you are going through the divorce, it is very important that you are careful with how you spend it. If you are spending money on trips, dinners, or anything else with your new boyfriend or girlfriend, it may impact the division of assets when the divorce is finalized.
Will Your Dating Impact Your Custody?
Be aware that your new partner may impact your custody or visitation rights. If your new partner has drug or alcohol problems, a criminal history, or any other factors that will impact the judge’s decision regarding your ability to see and care for your children, you must consider these before letting it get serious. In some cases, your ex may be able to point to these factors and show that you should not get the custody you would have previously gotten with no problem. Your choice of a partner is very relevant to your children.
Consider Your Ex and Their Reaction
Even though you and your ex have decided to dissolve your marriage, there may still be jealousy or anger that will be exasperated when your spouse finds out that you are dating. This is not a reason to avoid dating altogether, but be aware that they may react poorly, and this can complicate your negotiations. Jealousy makes people act in strange ways, and if you know that your ex is going to be upset when they find out you have a new partner, you will probably want to discuss a strategy with your attorney.
Understand Any Possible Impact on Alimony
If you move in with your new boyfriend or girlfriend, their financial situation and your living situation may both impact your rights to alimony. If you are living rent-free, or sharing rent with your new partner, this reduces the amount of money you are spending each month that you may have previously received as an alimony payment. However, alimony payments are not punishment towards your former partner, and if your financial situation has improved, it is only fair that you get less alimony.
If you are going through a divorce and you want to start dating, there is nothing wrong with that. However, make sure that you discuss it with your attorney before moving forward, so that you know any possible impact it may have on your divorce.