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 North Carolina, dating during divorce is not illegal, but it can have significant legal implications. Attorneys often advise against dating before the divorce is finalized because it can affect various aspects of the divorce proceedings. If the court perceives that dating contributed to the breakdown of the marriage, it may influence the judge's decisions regarding property division, alimony, and child custody. North Carolina is an equitable distribution state, meaning that marital property is divided in a manner that is fair, but not necessarily equal. Dating during divorce could potentially impact what the court considers 'fair' in this context. Additionally, if the court believes that introducing children to a new partner during the divorce is detrimental to their well-being, it may affect child custody arrangements and could lead to restrictions such as prohibiting overnight guests while the children are present. It's important to note that North Carolina requires a one-year separation period before a divorce can be finalized, and actions taken during this period can be scrutinized in the divorce process.