If you have recently filed for divorce, especially after a long separation, you may want to know if you can date other people before the finalization of the dissolution decree. New York couples are legally permitted to see other individuals romantically during the divorce process. However, it may be best to remain cautious, as you are still married according to the Court.
As dating would potentially introduce new and complex issues into the process, it may be better for you to wait until you receive your final judgment and decree. We recommend reading through these relevant points and then making your own decision about romancing a new partner.
Avoid Potential Legal Complications
Dating during a divorce may come with unwanted legal consequences, particularly related to child custody and visitation arrangements. While New York law does not prohibit couples from starting a new relationship before their divorce is final, doing so may open up questions about what is in the child/ren’s best interests.
Spousal support and property division may also be affected when married couples start dating other people. This point is particularly true if you and your new partner move in together. Due to this cohabitating arrangement, the Court may consider this new person’s finances when determining spousal support. It may also influence a judge’s decision regarding property division claims if you spend marital assets on a new love interest.
Emotional Implications and Delays
A divorce is emotionally taxing without the need to add a third party into it. This may exacerbate you and your former spouse’s stress levels, leading to disagreements and animosity that may delay a final judgment.
While you are allowed to date other people before you legally end your marriage, it may confuse your child/ren and affect their well-being. For example, bringing a date to an afterschool soccer game would likely complicate your co-parenting plans.
Consider Waiting To Date Other People
Adultery has not been a crime in New York since Governor Hochul repealed the law in 2024. However, the legal experts at the Colwell Law Group recommend you wait to date other people until your marriage is legally over.
While it is your choice to start a new relationship whenever you are ready, waiting may help minimize legal implications and reduce your family’s emotional distress. Keeping your focus on the proceedings ahead may be the wisest choice for you right now.
Contact a Divorce Attorney Before Dating Other People
Our knowledgeable legal team would help you navigate the divorce process in Upstate New York. Reach out to our office for a complimentary consultation so that we may further explain whether you can—and should—date other people before your divorce is final.
The legal team at Colwell Law Group always puts our clients first. With our extensive experience in negotiating and trying divorce cases like yours, we are the advocates you want on your side in the courtroom.