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 Pennsylvania, dating during divorce is not prohibited by law, but it can have legal implications. Attorneys often advise clients to be cautious about dating while their divorce is pending. The reason for this caution is that dating can potentially affect the court's decisions regarding property division, alimony, and child custody. If the court perceives that a new relationship contributed to the breakdown of the marriage, it may influence the judge's rulings on these matters. Additionally, if a parent's dating behavior is deemed to negatively impact their children, the court may question their judgment and parenting decisions, potentially leading to restrictions such as prohibiting overnight guests while the children are present. It's important to note that Pennsylvania is an equitable distribution state, meaning that marital property is divided in a way that is fair but not necessarily equal, and the conduct of the parties can be a factor in this division. Therefore, individuals going through a divorce in Pennsylvania should consider the potential legal consequences of dating before their divorce is finalized.