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If I file for a divorce through my clerk of circuit court and takes time for the divorce to be finalized can I date someone?

Gurnee, IL |
Filed under: Divorce

been separated for at least two months living in two separate households also separated emotionally for at least six months..

I should clarify I don't agree with exposing my child to the person I'm dating until the divorce is long finalized..we have only spoke over the phone but want to meet up when he comes into town...I'm filing next week but the court date could be for at least a month or two out from when we filed..he's coming into town before that may happen..

Attorney Answers 5


  1. The issue of whether or when you date is not a legal issue. Its a matter of your choice.


  2. if you have children, the judges in lake county do not like people in your situation exposing the children to new partners until the divorce is final.


  3. It is always better if there are children to legally end and finish one relationship before you start another relationship. Children have a hard enough time understanding divorce and introducing another person in their life can really be hard for them and very hurtful.. That being said there is no law against dating another based on the facts presented.

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  4. You should also be aware that any marital funds that are spent on purposes that are not marital (eg, a person you date) may be viewed as dissipation, which may require you to reimburse the marital estate for those funds spent by you or will be viewed as funds you have already received when the estate is divided. Something to consider when you "treat."


  5. You can date while the Petition for Dissolution of Marriage is pending; but, there is a risk of your spouse trying to use it against you either to claim you are dissipating (wasting) marital assets to support the dating or even if you are not having the child around the new significant other that it is effecting the child in a manner that is not in the child's best interest for custody or visitation. These details should not be broadcast over the Internet.

    This is a general answer and does not address the specifics of your individual case. To give the specific answer you need our firm needs you to come in for a consultation.

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