The period between filing for divorce and receiving the final decree can be long, often lasting several months or even over a year. During this time, it is natural to want to move on with your life and perhaps begin new relationships. However, from a legal perspective in Nashville, dating while your divorce is pending is a move that requires extreme caution.
Technically, until a judge signs the final decree of divorce, you are still legally married. In Tennessee, entering into a new romantic relationship before the divorce is final can have several negative consequences, particularly regarding alimony and child custody.
First, consider the “grounds” for divorce. Most divorces in Tennessee are filed on the grounds of irreconcilable differences, which is the “no fault” option. However, if you begin dating someone else, your spouse could potentially amend their complaint to include “inappropriate marital conduct” or adultery. Even if the relationship started after the separation, it can still be used as evidence of misconduct, which may influence the court’s decisions on the awarding of alimony.
Second, dating can significantly impact child custody arrangements. Judges in Nashville are focused on the best interests of the child and the stability of the home environment. Introducing a new partner to your children while the divorce is still ongoing can be seen as disruptive or confusing for the children. Courts routinely put orders in place to specifically prohibit this behavior, regardless of if or how children are affected by it. If your spouse can prove that your new relationship is negatively affecting the children, it may impact a judge’s decision in the final parenting plan determination. In some cases, a “paramour clause” might be added to the temporary parenting plan and/or a permanent parenting plan, prohibiting overnight guests of a romantic nature while the children are present.
Third, there is the financial aspect. If you spend marital funds on a new partner, such as dinners, trips, or gifts, this is considered “dissipation of marital assets.” The court may require you to pay that money back to the marital estate or award your spouse a larger share of the remaining assets to compensate for the waste.
Beyond the legal risks, dating during a divorce often increases the level of conflict between spouses. A divorce that might have been settled amicably through mediation can quickly turn into a heated, expensive court battle if one party feels disrespected or replaced.
At Rogers, Shea & Spanos, we generally advise our clients to exercise discretion and patience when it comes to new relationships during the legal process. As a Nashville family law attorney, we help you navigate the social and legal pitfalls of the separation period. We provide clear counsel on how your personal choices can impact your legal outcomes, helping you make decisions that protect your future and your children’s well being.