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 Maryland, 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 breakdown of the marriage, which can in turn influence the court's decisions on property division, alimony, and child custody. If the court perceives that dating has negatively impacted the children or the marital relationship, it may affect the court's rulings on custody and visitation. For example, the court might impose restrictions such as not allowing overnight guests when children are present. It's important to note that Maryland is an equitable distribution state, meaning that property is divided in a way that is fair but not necessarily equal, and the court's perception of each party's behavior can influence what it deems as fair. Additionally, Maryland allows for both fault-based and no-fault divorces, and dating could potentially be used as evidence in a fault-based divorce if it is framed as adultery or inappropriate marital conduct.