Can You Date While Going Through Divorce in San Antonio, Texas?

On Behalf of Kevin E. Sralla | March 15, 2025 | Blog

Going through a divorce is never easy, and it’s natural to wonder, “Can you date while going through divorce?” Maybe you’ve been separated for a while or are ready to move on, but is it a good idea? And more importantly, could it impact your divorce case in Texas?

At Sralla Family Law, PLLC, our San Antonio divorce lawyers recognize the emotional turmoil divorce can cause, and we’re here to provide clear guidance and help you make informed decisions. If you’re wondering whether you can start dating before everything is finalized, here’s what you need to know.

Texas Allows Fault-Based Divorce

Unlike some states that follow a strict, no-fault system, Texas allows for both fault and no-fault divorces. Dating before you finalize your divorce could impact your case, depending on the circumstances.

If your spouse claims adultery (even if you and your partner were emotionally separated), the court could consider this when dividing assets or awarding spousal support. While dating isn’t illegal, it may provide ammunition for a contentious divorce.

How Dating Could Affect Your Divorce Case

1. Property Division

Texas follows community property laws, meaning that most assets acquired during the marriage belong to both spouses. Spending marital assets on a new partner, such as buying gifts or taking vacations, could be considered financial misconduct. Your spouse may argue that you are misusing joint funds, which could impact the final division of assets.

2. Spousal Support (Alimony)

Texas courts consider several factors when awarding spousal maintenance (alimony), including the financial needs of each spouse. While dating alone won’t necessarily affect spousal support, living with a new partner might. If you move in with someone new, the court could determine that you now have financial assistance and reduce or eliminate any spousal support you would have otherwise received.

3. Child Custody and Co-Parenting

Texas family courts prioritize the best interests of the child when determining custody arrangements. Your spouse may use it to challenge your custody rights if they believe your new relationship negatively affects your child’s well-being. For example:

• If your new partner has a criminal record or substance abuse issues, the court may consider this a risk to your child.
• If your dating life causes unnecessary conflict between you and your spouse, it could lead to a more challenging co-parenting arrangement.
• Your child may feel confused or overwhelmed by a new relationship, especially during a difficult transition.

4. Social Media and Public Perception

Social media and public perception can significantly influence the divorce process. Posting about a new relationship on platforms like Facebook or Instagram can be perceived as insensitive or disrespectful to your soon-to-be ex-spouse.

Judges may view such posts as a sign of disrespect for the marriage, which could negatively impact your case. Moreover, social media can amplify conflicts and misunderstandings. A seemingly innocent post about a new relationship can escalate tensions and complicate negotiations.

A divorce attorney may advise you to avoid flaunting your dating life on social media, as it can also be used as evidence in court.

Timing Matters—Is It Worth the Risk?

Even if you feel emotionally ready to move on, dating too soon can complicate the divorce process. It can add tension, delay negotiations, and make it harder to reach a fair settlement. If your spouse is already upset about the divorce, discovering that you’re dating someone new could lead to unnecessary legal battles.

Waiting Until the Divorce Is Final

Waiting until your divorce is final before starting to date can be a wise decision for several reasons:

• Emotionally, embarking on a new relationship while still technically married can be challenging. Adding a new partner into the mix can create additional stress and confusion in an already tumultuous time.
• Legally, dating during divorce proceedings can have significant implications. It can affect spousal support, child custody arrangements, and even the division of marital assets.
• Financially, spending money on a new partner during the divorce can be seen as financial misconduct, which could affect the financial settlement.

Waiting until the divorce is final can provide a sense of closure and allow you to focus on personal growth and healing. It enables you to prioritize your well-being and guarantees that you enter the dating world and future relationships from a place of strength and stability.

Healing Before Moving On

Divorce is a significant life change, and jumping into a new relationship too soon can sometimes be more harmful than helpful. Give yourself time to process your emotions, rebuild confidence, and confirm that you’re in a good place before starting something new.

Consider seeking support from friends, family, or even a therapist. A strong emotional foundation will help you enter a new relationship with clarity and confidence.

What Should You Do If You Want to Start Dating?

If you’re set on dating before your divorce is final, here are a few tips to protect yourself legally and emotionally:

• Be Discreet: Avoid flaunting your new relationship on social media, as your ex-spouse could use it against you in court.
• Don’t Use Marital Assets: Avoid spending money on a new partner while your divorce is still pending.
• Remember You Are Still Legally Married: You are still legally married until your divorce is finalized with an absolute decree. Consider the legal implications of dating during this time, as it may affect your divorce proceedings or financial settlement.
• Consult a Divorce Attorney: Before making any decisions, talk to an experienced San Antonio divorce lawyer to understand how dating might impact your case.

Before You Jump Back In, Speak with Trusted San Antonio Divorce Lawyers

Do you have questions about dating during a divorce or need guidance on protecting your rights? At Sralla Family Law, PLLC, we know that divorce is tough, and we’re here to support you every step of the way. We’re ready to help you face legal matters with confidence and peace of mind.

Are you searching for “divorce attorneys near me?” Contact us today at (210) 212-5656(210) 212-5656 or complete our confidential online form to schedule a consultation with a compassionate and knowledgeable divorce attorney.

With the Strength Of A Giant and the Heart Of A Neighbor, Sralla Family Law, PLLC, is Your San Antonio Law Ally.

Copyright © 2025. Sralla Family Law, PLLC. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Sralla Family Law, PLLC
542 E. Highland Blvd.
San Antonio, Texas 78210
(210) 212-5656(210) 212-5656
https://www.familylawsanantonio.com/