Dating during divorce is not illegal, but many divorce lawyers advise their clients not to date during divorce—or to only do so in a way that is respectful of your soon-to-be ex-spouse and your children, if any. Dating during divorce may create the perception with the court (judge) that your extra-marital dating caused the breakup of the marriage and may influence the court’s division of property (assets), temporary spousal support (during the divorce), spousal support, spousal maintenance, or alimony following the divorce, and child custody decisions.

Dating during divorce may cause the court to question your judgment—especially if the court believes exposing your children to your new relationship may be mentally and emotionally difficult or harmful to them—making it necessary for the court to order the spouses not to have overnight guests (dates) when they have custody or possession of the children during the divorce process.

In Arizona, dating during divorce is not prohibited by law, but it can have legal implications. Attorneys often advise clients to be cautious about dating while their divorce is pending. The reason for this caution is that dating can affect how the court views the dissolution of the marriage and can potentially influence the court's decisions on various matters. For instance, if the court perceives that dating contributed to the breakdown of the marriage, it may impact the division of assets, award of spousal maintenance (also known as alimony), and even child custody arrangements. Furthermore, if the court believes that introducing children to a new partner during the divorce is detrimental to their well-being, it may impose restrictions such as prohibiting overnight guests when children are present. Therefore, while dating is not illegal, it is important to consider the potential legal consequences and the perception it may create in the eyes of the court during divorce proceedings.