Can my spouse and I date other people before our divorce is finalized?
Yes, you can date other people while going through a divorce in Texas. However, depending on which county you live in, there can be specific restrictions if you have children involved in the divorce proceedings. In an original divorce action in some Texas counties, you are generally prohibited from allowing anyone you have a dating relationship with to stay overnight while you are in possession of the children. For example, anyone you are dating can be restricted from your home, with your children present, from the hours of 10:00 p.m. to 7:00 a.m.
So, there won’t be any repercussions if I date someone prior to finalization of my divorce, absent restrictions in my county’s standing order?
While dating itself is not prohibited, and not all counties have restrictions in their standing orders, it is important to be aware that engaging in a sexual relationship with someone other than your spouse during the divorce process can be considered adultery. Adultery can be used as a fault ground for divorce and may impact the court’s decisions regarding the division of property and other matters. Therefore, you should consider the potential legal implications of dating during your divorce proceedings.
Can there be any legal restrictions with my dating life after my divorce is finalized?
Even if your county doesn’t have limitations in their standing orders regarding your significant other, which go into effect immediately upon filing for divorce, your divorce decree could still impose restrictions on bringing your significant other around your children after your divorce is finalized. This restriction is often put into divorce decrees as a morality clause. The specific terms of a morality clause can vary, but they generally aim to limit the exposure of children to the romantic partners of their parents during certain times or under certain conditions. For example, the court may include a morality clause in the divorce decree that prohibits parents from having any unrelated adult they are romantically involved with present in his home during the hours of 8:00 p.m. to 8:00 a.m. while in possession of the children. Another example of a morality clause could include not allowing the children to meet the significant other of either parent for a certain period of time. Time limitations can vary – some decrees can include this limitation until the couple has been in a relationship for 6 months, others extend it to one year, and some, while uncommon, say they must wait to introduce their significant other until they have remarried. A morality clause is included in some divorce decrees as a way to protect the best interests of the children and to provide a stable and appropriate environment for them.
Have questions about what is permitted during your divorce?
Find a trusted attorney that can help you assess your options during divorce. The attorneys at Grinke Stewart Family Law are here to help you. Contact us at (469) 598-2001.
