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 Mexico, dating during divorce proceedings is not prohibited by law, but it can have significant implications on the divorce outcomes. Attorneys often advise against dating during this time because it can affect how the court views your role in the dissolution of the marriage. If the court perceives that dating contributed to the breakdown of the marriage, it may influence the judge's decisions regarding the division of assets, spousal support, and alimony. Furthermore, if children are involved, the court may scrutinize your judgment regarding their well-being. The court might question the impact of a new relationship on the children and could potentially issue orders to prevent overnight guests during custody periods within the divorce process. It's important to consider these potential legal consequences when deciding to date before the finalization of a divorce.