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 South Carolina, dating during divorce is not prohibited by law, but it can have significant legal implications. Attorneys often advise clients to avoid dating until the divorce is finalized because it can impact various aspects of the divorce proceedings. If the court perceives that dating contributed to the breakdown of the marriage, it may affect the division of marital assets, alimony, and child custody arrangements. The court's primary concern is the best interests of the children, and introducing a new partner during the divorce process may be viewed as detrimental to their well-being. This could lead to restrictions such as prohibiting overnight guests when children are present. It's important to note that South Carolina recognizes fault-based divorces, and adultery is one of the fault grounds. If a spouse is found to have committed adultery, it can bar them from receiving alimony and may influence the court's decisions regarding property division and custody.