Separation is a legally recognized parting of spouses or the agreed end of cohabitation when the husband or wife leaves the marital home. It can be cited as the grounds for divorce after spouses have been separated for a period of one year. Your separation agreement is critical though because if the timing of the relationship comes into question during your divorce your relationship may be considered as an affair or adultery.
You should ensure that you are legally separated before you start dating, otherwise your new relationship could be considered adultery. You will want to have the separation agreement signed before you start dating, to make things clear. Find out more about what a separation agreement should contain. Consider whether dating will affect the relationship you have with your ex. Having clear and open communication with few surprises can help you proceed through the divorce process.
When feelings are hurt and emotions are high, it can be much harder to have an amicable divorce. If there are children from the relationship, dating could make your separation and divorce more complicated. There is nothing stopping you from moving in with your new partner during separation or divorce, but you might want to consult with your lawyer before you do.
Most divorce lawyers will advise against moving in with a new partner, especially if you have children. There is also a financial consideration.
This could affect the distribution of assets or the calculation of support payments. It is against the law to be married to more than one person at a time. You must wait until your divorce is finalized before getting remarried. Your new relationship could complicate the divorce process, and put pressure on your new partner.
