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 West Virginia, dating during divorce proceedings is not prohibited by law, but it is generally advised against by attorneys. The reason for this caution is that dating can potentially impact the outcomes of the divorce settlement. If the court perceives that dating played a role in the dissolution of the marriage, it may influence the judge's decisions regarding the division of assets, temporary spousal support, alimony, and child custody arrangements. Furthermore, if a parent's dating behavior is deemed to negatively affect the children, the court may question their judgment and potentially impose restrictions, such as prohibiting overnight guests while the children are present. It is important for individuals going through a divorce in West Virginia to consider the potential legal implications of dating and to consult with their attorney for personalized advice.