If you are in limbo during the sixth month waiting period for a California divorce, you may be wondering if you can start dating again. This article will discuss the ramifications dating may or may not have on your California divorce.
California is a no fault state, so dating will not impact your ability to get a divorce.
In California, you do not need to prove that one party did something “wrong” in order to file for divorce. Divorces are generally filed for “irreconcilable differences,” so if whether you are dating or not dating during the marriage or separation period is irrelevant to your divorce.
Dating could impact spousal support if you are living with the new boyfriend/girlfriend.
Section 4323 of the Family Code states: Except as otherwise agreed by the parties in writing, there is a rebuttable presumption, affecting the burden of proof, of decreased need for spousal support if the supported party is cohabitating with a nonmarital partner.
This does not mean that living with your new boyfriend/girlfriend will for sure impact the spousal support. With a rebuttable presumption, you can present evidence to show that your need for spousal support is not reduced by the cohabitation. For example, if you showed that the new partner did not provide any of the money used for the cohabitation, then that may be sufficient to overcome the presumption. The facts will vary depending on your circumstances, so consult with an attorney about your case, but the point of this section is to make you aware that living with someone new could impact your spousal support so that you can research the issue further.
Dating could impact custody.
The court will be looking at the best interest of the child to determine custody, so the person that you are dating could potentially impact that analysis in many ways:
- Will the person you are dating be involved in child care?
- Does the person you are dating have any criminal history?
- Does the person that you are dating have history with your ex such that your ex may be able to argue that the person is a bad influence on the child?
The choice of whether to begin making friends or romantic connections before your divorce is final is one that faces many couples going through a divorce. Although dating may not impact your case itself directly, you should certainly consider all the collateral ways in which a new relationship may affect you and make an informed decision about how to incorporate someone new into your life.
