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 Rhode Island, dating during divorce is not prohibited by law, but it can have implications on the divorce proceedings. Attorneys often advise clients to be cautious about dating while their divorce is pending. The court may perceive that dating has contributed to the breakdown of the marriage, which could potentially affect the division of assets, alimony, and child custody arrangements. If the court finds that introducing children to a new partner is detrimental to their well-being, it may impact the court's assessment of a parent's judgment and could lead to restrictions, such as prohibiting overnight guests while the children are present. It's important for individuals going through a divorce in Rhode Island to consider the potential legal consequences of dating before their divorce is finalized.