Yes, You Can Date While Separated in Florida, But Here’s the Catch

Just because something is legal, that doesn’t mean engaging in the activity is a good idea. Dating while separated in Florida is one of those things. 

No law makes it illegal for you to date someone while you are separated in Florida, with or without a legal separation agreement. However, from a legal perspective for your divorce case, dating before you finalize your divorce could have negative consequences.

What Are the Grounds for Divorce in Florida?

Florida is a no-fault state for divorces. There are two grounds for divorce in Florida:

Therefore, even if your spouse says you are cheating on them or committing adultery, it is not grounds for divorce. Florida dissolution of marriage laws do not require either spouse to prove fault for the breakup of the marriage. Generally, fault has very little impact, if any, on divorce proceedings.

Even if one spouse does not want a divorce, they cannot stop the other spouse from beginning the proceedings. Their spouse must only testify in court that the marriage is irretrievably broken for the judge to grant the divorce. 

However, a spiteful spouse could make the process more complicated if they do not agree with the divorce or they are angry because you have moved on with your life and are dating again. 

Reasons Why Dating During Your Separation Could Be a Poor Decision

If you are no longer in love with your spouse, it might seem natural to look for companionship after filing for legal separation. However, your divorce is not final. You are only separated. 

Trying to hide dating is unwise. Your spouse will likely learn you are dating from your kids, social media, or friends. That type of behavior could cause resentment, which is not a productive emotion when you are negotiating a divorce settlement. 

If the only grounds for divorce is no-fault, how could dating during separation impact your divorce?

Impact on Child Custody and Parenting Plans

Child custody and visitation are based on what is in the child’s best interest. Judges consider numerous factors when deciding custody arrangements. 

Your ex-partner might allege that you are exposing your children to inappropriate situations by dating before the divorce is final, especially if you have your date spend the night when your kids are in the house. Your ex might allege that the person you are dating poses a danger to your children or that your new romantic interest is abusive toward your children.

If your ex-partner can prove their allegations to the judge’s satisfaction, you could lose custody of your kids. Your time with them could also be significantly decreased and even supervised in some cases. 

Increased Hostilities 

The quickest, cheapest, and least stressful way to end a marriage is for the spouses to enter into a divorce settlement agreement. Instead of litigating the terms of the divorce, the parties propose an agreement for the judge to approve.

However, your ex-spouse might be jealous of your new romantic partner. They might not like you spending money on your dates or bringing your dates around your children. 

Anger and resentment can make a divorce much more challenging. It can also cost you more money and time to obtain a final divorce if your ex wants to drag out the process in court.

Property Division and Alimony 

Spending marital assets on people you are dating during a divorce is not wise. Your spouse may argue that those funds should be deducted from your property settlement agreement. 

Even if you spend your own money on your dates, your spouse might use that fact to argue you can afford a higher amount for alimony payments. On the other hand, living with a new romantic partner during your separation could impact your need for alimony. The judge might find your current living arrangements mean you have sufficient resources to support yourself without receiving alimony payments.

Poor Decisions

The thrill of dating someone new or falling in love again can cloud a person’s judgment. They may be too excited or distracted to make good decisions. Likewise, they might listen to a new love interest’s opinions when making decisions that might not be in their best interests. 

Speak With an Experienced Divorce Attorney To Protect Your Interests

The decisions you make during separation and divorce can have long-term consequences for your future. You need to focus on securing a fair divorce settlement and then moving on with your life. An experienced Orlando divorce lawyer can help you do that.

Contact Our Divorce Law Firm in Orlando, FL

Contact the experienced Orlando divorce lawyers at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803