Divorce can be a long process, and for many people, the thought of starting fresh with someone new can be tempting. While Arizona law doesn’t prohibit you from dating before your divorce is final, it’s important to understand how doing so might affect your case. The decisions you make during this time can have an impact on property division, custody arrangements, and even the overall tone of your proceedings.
Dating and Arizona’s No-Fault Divorce Law
Arizona is a no-fault divorce state, which means you don’t have to prove wrongdoing, like adultery, to get divorced. The court grants a divorce based on the idea that the marriage is irretrievably broken.
However, just because fault isn’t a legal requirement doesn’t mean your actions won’t matter. If you start dating before your divorce is finalized, your spouse might use that fact to shape the narrative in court. Even without an accusation of fault, dating can influence decisions on:
- Property division, especially if marital assets are spent on a new partner
- Spousal maintenance (alimony), if your financial situation changes
- Parenting time, if the relationship raises concerns about the children’s welfare
Financial Implications: “Marital Waste” Concerns
One of the most common ways dating can affect divorce settlements is through the concept of marital waste. In Arizona, both spouses have a fiduciary duty to preserve marital assets until the divorce is finalized.
If you spend joint funds on a new relationship—dinners, trips, gifts—the court might consider that an improper use of marital assets. This could result in your spouse receiving a larger share of the property to make up for the spending.
Practical tip: Keep finances separate and avoid using joint accounts for anything related to dating until your divorce is complete.
Impact on Child Custody and Parenting Time
If you have children, dating during your divorce can complicate custody matters. Judges in Arizona make parenting decisions based on what’s in the best interests of the child. That means they’ll look closely at the stability and safety of each parent’s home environment.
If your new partner spends time with your children, the court may consider:
- Whether your children are comfortable around the new person
- The partner’s background, including any criminal history
- How quickly the children were introduced to them
- Whether the relationship disrupts routines or creates conflict
Even if your new partner is a positive influence, introducing them too soon or too frequently could make it seem like you’re prioritizing your dating life over your children’s adjustment to the divorce.
Emotional and Strategic Considerations
Beyond the legal implications, dating before your divorce is finalized can impact the tone of the proceedings. If your spouse feels hurt, betrayed, or angry, they may be less willing to negotiate in good faith. This can lead to longer, more expensive litigation.
From a strategic standpoint, it’s often best to consider the “optics” of your choices. Even when the law is on your side, appearances can sway settlement discussions and judicial impressions.
When Dating May Have Less Impact
In some situations, dating before a divorce is final might not significantly affect the outcome:
- The marriage has been over in practice for a long time, and both spouses have moved on
- You and your spouse agree on all major issues and are proceeding with an uncontested divorce
- There are no children involved, and finances are already separated
Even in these cases, it’s wise to keep the relationship low-profile until the divorce is official to avoid unnecessary complications.
Steps to Protect Yourself if You Choose to Date
If you decide to start dating before your divorce is finalized, consider these precautions:
- Be transparent with your attorney so they can account for any potential issues
- Avoid introducing your children to a new partner until custody is settled or the divorce is final
- Keep finances separate and document your spending
- Maintain privacy on social media to prevent misinterpretation of posts or photos
- Focus on resolving the divorce so you can move forward with fewer constraints
Moving Forward Wisely During Divorce
Dating before your divorce is finalized isn’t illegal in Arizona, but it can create legal, financial, and emotional complications. By understanding the potential consequences and taking steps to protect your interests, you can make decisions that align with both your short-term needs and your long-term goals.
At Cohen Family Law, we help clients throughout Arizona understand how their personal decisions can impact their divorce proceedings. If you’re considering dating before your divorce is final, or if you have concerns about how your spouse’s actions might affect your case, we’re here to provide guidance and support. Contact us today to schedule a consultation.
