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 Wisconsin, dating during divorce proceedings is not prohibited by law, but it can have implications on the divorce outcomes. Attorneys often advise clients to be cautious about dating before the divorce is finalized because it can affect the court's decisions regarding property division, spousal support, and child custody. Wisconsin is a no-fault divorce state, meaning that the court does not consider marital misconduct when dividing assets or awarding maintenance. However, the court's primary concern in custody matters is the best interest of the children, and introducing a new partner during the divorce process could be viewed as not in the children's best interest. This perception could influence custody arrangements and the court's willingness to impose restrictions, such as prohibiting overnight guests when children are present. It's important to note that each case is unique, and the court's decisions are based on the specific circumstances presented.