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 Kentucky, dating during divorce is not prohibited by law, but it can have significant 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 impact the court's decisions on property division, spousal support, and child custody. If the court perceives that dating contributed to the breakdown of the marriage, it may influence the judge's decisions regarding asset distribution and alimony. Furthermore, if a parent's dating behavior is seen as detrimental to the children's well-being, it could affect custody determinations. The court may question a parent's judgment and, in some cases, may issue orders restricting overnight guests during times when the parent has custody of the children. It's important for individuals going through a divorce in Kentucky to consider these potential legal consequences and to consult with their attorney for personalized advice.