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 New Jersey, dating during divorce proceedings is not prohibited by law, but it can have implications on the divorce outcomes. Attorneys often advise clients to be cautious about dating before the divorce is finalized because it can affect the court's decisions regarding asset division, alimony, and child custody. If the court perceives that dating has negatively impacted the marriage or the children's well-being, it may influence the judge's rulings. For instance, the court might question a parent's judgment if they expose their children to a new partner prematurely, potentially leading to restrictions such as prohibiting overnight guests while the children are present. It's important to note that New Jersey follows a no-fault divorce principle, which means that the court does not require parties to prove fault to obtain a divorce. However, the conduct of the spouses during the divorce process can still be considered when determining the best interests of the children and the equitable distribution of assets.