Divorcing clients are often lonely and stressed out, and they may be longing to meet someone new, feel desirable again, and just have fun.So, many clients decide that just one date can’t hurt.Marital misconduct can encompass a wide variety of actions, including adultery and cruelty.

Even so, the presence of someone new, particularly when paraded in front of the spouse and/or children, can enrage the soon-to-be ex, and also create the suspicion that the relationship began as an “affair” before the separation.

The innocent new friend can be deposed by the other side’s lawyer (that is, asked questions that are taken under oath and recorded by a stenographer or even videotaped) and subpoenaed to testify at trial.

The other spouse, if they are not dating, may develop the idea that the dating spouse was committing adultery even if that idea hadn't surfaced before.

Or, the other spouse may simply suffer anger and hurt as a result of the limited amount of time it apparently took the dating spouse to recover and move on.

A divorce and the prospect of a new partner replacing them is often too much for a spouse to cope with, and may cause disagreements and unwillingness to come to a compromise with regard to custody arrangements.

When left up to the court, the judge will make a determination as to which parent should have primary physical and legal custody based on the best interests of the children, and if there is a real or perceived discomfort with the new parter experienced by the children, it is very likely to effect the amount of time each parent and particularly the dating parent is awarded.

If you find that you just can’t wait until your divorce is final to start dating again, this article provides a few “do’s and don’ts” of dating before you are divorced.

Unfortunately, there is more that you shouldn’t do than should, but first let’s clarify what is meant by “dating.” Legally, “dating” means one-on-one social contact with another person.

In addition, in some states the new relationship may be considered in the division of property or alimony determinations, so the dating spouse may not get as much as they want out of the divorce depending on the new partner's financial circumstances.