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 Texas, 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 to prevent potential negative perceptions by the court. The court may consider dating as a factor that contributed to the breakdown of the marriage, which could affect the division of assets, temporary spousal support, and long-term spousal maintenance or alimony. Additionally, if children are involved, the court may scrutinize the parent's judgment regarding the exposure of children to new romantic partners. The court's primary concern is the best interest of the children, and if it deems that exposure to a parent's dating life is detrimental, it may impose restrictions such as prohibiting overnight guests during custody periods. These considerations can influence the court's decisions on child custody and visitation arrangements.