Going through a divorce can be a stressful and emotionally draining process, and it’s natural to crave companionship. However, before you start dating again, it’s important to understand how dating during a divorce could impact your case in North Carolina. Even though there’s no law that explicitly forbids dating while your divorce is pending, it can still have serious legal and financial consequences.

How North Carolina Law Views Dating During Divorce

North Carolina is one of the few states that still recognizes marital fault, and adultery—defined as having a sexual relationship with someone who is not your spouse before the divorce is finalized—can be considered a form of marital misconduct. This matters because North Carolina requires spouses to live “separate and apart” for at least one year before filing for divorce. If you start dating or engaging in romantic relationships before that separation period ends, your spouse may use it against you in court.

Effects on Alimony and Property Division

Dating during a divorce can particularly affect spousal support. If you’re seeking alimony, evidence of a relationship before your separation could disqualify you from receiving it. On the other hand, if your spouse is the one accused of adultery, it could strengthen your claim for alimony. Even after separation, openly dating could still complicate financial negotiations and raise emotional tensions that prolong the process.

Impact on Custody and Parenting Arrangements

If children are involved, dating during a divorce can influence custody decisions. Judges in North Carolina prioritize the best interests of the child. Introducing a new partner too soon can be viewed as disruptive or confusing for the children, and your spouse might argue that it negatively affects their well-being.

Strategic Considerations Before Dating Again

While you might feel ready to move on, it’s often wise to wait until your divorce is finalized. If you do choose to date, keeping your relationship discreet and separate from your children can help reduce unnecessary conflict.

Get Guidance from a Family Law Attorney in Hickory

Divorce cases can quickly become complicated when dating enters the picture. At The Stiltner Law Firm, PLLC, we can provide legal assistance to the Hickory public, helping you navigate family law matters with care and strategy.