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Can I Date While Going Through a Texas Divorce?

Thinking about filing for divorce?

Technically, yes. There are no specific laws in Texas about whether a person can date while going through a divorce. It is not against the law. However, under certain circumstances, dating while in the process of filing for divorce or finalizing a divorce could cause complications. In the eyes of the law, dating could be seen as adultery.

While your relationship with another person could be irrelevant to your divorce, if there are bitter feelings between you and your spouse or certain terms of your divorce have been contested, dating could jeopardize your share of property and assets, alimony and child custody or child visitation rights.

Division of Property

In Texas, the property you owned before you got married is considered separate property and belongs to you during marriage and after a divorce. However, the property and assets acquired during marriage are considered community property unless an asset was inherited, gifted or recovered by one spouse. Community property is commonly split fairly in a divorce. However, the court can consider many factors when determining a fair division of property. A spouse could be penalized if dating or a new relationship has been found to be a reason for the divorce.

Spousal Support

Texas has strict spousal support laws in the event of divorce. When deciding whether one spouse should receive alimony payments, factors like adultery are not considered. However, if the court does decide one spouse is eligible for spousal support or alimony, then the court can consider adultery or misconduct by each spouse when determining the alimony amount. It is important to note that if you are cohabiting with the person you are dating during your divorce, you would likely be forfeiting your ability to obtain spousal support payments.

Child Custody and Child Visitation

Child custody and visitation rights are based on the child’s best interests and safety. Under the Texas Family Code, joint custody is presumed to be in the best interest of a child. However, if your spouse could prove that your dating puts your child in danger or that you abandoned your child to have a new relationship, then your custody or visitation rights could be jeopardized.

Need a Lewisville Divorce Lawyer?

If you have questions or concerns about Texas divorce laws and how dating could affect the outcome of your divorce, our divorce lawyer could help. Call The Julian Firm, P.C. today at (972) 459-4400 or contact us online for a free consultation to discuss your situation.

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