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Can spouses start dating before the courts finalize their divorce?

On Behalf of | Jun 19, 2025 | Divorce

Texas divorce proceedings can take months to complete. Many spouses find themselves in marital limbo for more than a year after they initially file. It can be very difficult to move on with life while still technically navigating the divorce process.

Still, people may find themselves connecting with new people or in need of companionship. People sometimes want to start dating during the divorce process instead of waiting until the courts finalize their divorces. There are no laws prohibiting people from establishing new relationships, but it is important to understand the impact that dating during a divorce could have on the process.

Dating could constitute adultery

The divorce is not official until the courts finalize everything. Until the courts finalize the divorce, the spouses are still technically married. If either spouse starts dating during the divorce, the other could present information about that to the courts. A judge may view that new relationship as an extramarital affair. While Texas is a no-fault divorce state, adultery can have some impact on property division and spousal maintenance. Even the amount of money spent wooing a new romantic partner could potentially influence the final terms of a divorce.

Dating could increase tensions

Especially when spouses have children, they often try to navigate divorce with minimal conflict. Unfortunately, starting a new relationship before the courts grant a divorce could lead to escalating tensions between the spouses.

Learning that a spouse has begun dating before the courts finalized a divorce could bring out the worst in someone. They may become particularly contentious and uncooperative. The spouses may find themselves fighting whenever they see one another to exchange custody.

The new relationship might even influence the demands made by the other spouse. For example, they may modify their proposed custody requirements to include terms that prevent a new partner from meeting or providing child care for their children.

People need time to heal

The emotional recovery necessary after divorce is perhaps the most compelling reason to delay starting new relationships. People cannot fully heal from the divorce process until it is over. They may then need time to work through their emotions or undergo counseling.

Even in cases where it is clear that the other spouse caused many of the issues in the relationship, it is important to learn from what went wrong in the marriage to avoid repeating those mistakes in the future. New relationships have a higher chance of success if people commit to healing and learning from prior relationships.

While the law does not necessarily prevent people from dating during a divorce, there are many risks and complications associated with starting a new relationship prematurely. Divorcing spouses, especially those hoping to achieve uncontested divorces, may want to focus on formally ending their current legal relationship before starting something new.