Can you date during divorce?

Hot Topics in Divorce Blog

By Robin Roshkind, Esquire, West palm Beach, Florida

The divorce papers are filed.  You are even living separately.  But you are still married.  Can you date, start a new relationship, have sex while the divorce is pending?

The answer depends upon which state you live in.  Marriage laws, adultery laws, palimony laws are state specific.  I am licensed to practice law in Florida, so I can only address the laws of the State of Florida.

In Florida,  once divorce papers are filed, and even before, yes you can…date, have sex, be involved.  Florida is a no fault state.  If your spouse feels “cheated on” the legal recourse is divorce.  No questions asked.  But here is the danger:  If you do anything in front of the children which will detrimentally harm them, you might suffer the consequences of less time sharing with your children. 

Children are having a hard enough time…

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