Can I Date Other People Before My Divorce Is Final?

Getting a divorce is almost always a complicated process. It’s essential to understand the divorce laws of your state, so you know your legal options and can avoid common pitfalls. A common question many people in South Carolina have is whether it is possible to date before the divorce is finalized.

The short answer is yes, you can, but it’s not recommended. Doing so may cause serious problems with your divorce settlement because it is considered adultery under the law. Thus, it’s best to wait to date until the divorce is final.

Keep reading to learn more about divorce laws in South Carolina and the perils of dating before your divorce is finalized. Consult a skilled Charleston family law lawyer in your area if you have specific questions or concerns.

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South Carolina Divorce Statistics

According to the National Center for Health Statistics, in a recent year, South Carolina recorded a divorce rate of 2.4 per 1,000 inhabitants, a significant decrease from 4.5 per 1,000 just over a decade earlier. Recently, South Carolina ranked 25th in the number of divorces and 21st in divorce rate among U.S. states.

South Carolina Divorce Overview

Divorce in South Carolina is governed by specific statutes and procedures outlined primarily in Title 20, Chapter 3 of the South Carolina Code of Laws. To file for divorce, at least one spouse must meet the residency requirements. If both spouses are residents, one must have lived in the state for at least three months. If only one spouse is a resident, they must have lived in South Carolina for at least one year before filing.

Divorces are filed in the family court, and the process involves submitting a summons, complaint, and financial declarations, followed by serving the other spouse. South Carolina recognizes both fault-based and no-fault grounds for divorce. No-fault divorce requires the spouses to live separately and apart, without cohabitation, for at least one year. Fault-based grounds include adultery, desertion for one year, physical cruelty, or habitual drunkenness or drug use, which must be proven with corroborating evidence, such as witness testimony or documentation.

Equitable Distribution Of Marital Assets 

The divorce process involves several key issues, including equitable distribution of marital property, alimony, child custody, and child support. South Carolina follows the principle of equitable distribution for dividing marital property, which is defined as assets acquired during the marriage, regardless of whose name is on the title. Courts consider factors such as the length of the marriage, each spouse’s contributions, and marital misconduct when dividing property, aiming for a fair but not necessarily equal split of assets.

Alimony Based On Need And Ability To Pay 

Alimony may be awarded based on need and the ability to pay, with types including permanent, rehabilitative, or lump-sum. However, adultery before a settlement agreement or court order means no alimony for the offending spouse. Child custody and support are determined based on the child’s best interests, considering factors like parental fitness, stability, and the child’s needs. South Carolina uses income-based guidelines for child support, which are adjusted for custody arrangements and other relevant factors.

No Legal Separation In South Carolina 

South Carolina does not recognize “legal separation” as a formal status; however, spouses may enter into a court-approved separation agreement or obtain an Order of Separate Maintenance and Support to address temporary issues, such as support and custody, during the one-year separation period preceding a no-fault divorce.

Mediation is often encouraged to resolve disputes, and uncontested divorces, where both parties agree on all terms, can be finalized relatively quickly, sometimes within 90 days. However, fault-based or contested divorces may take longer, often requiring hearings or trials. Parties must also observe a mandatory waiting period of 90 days from filing to finalization for no-fault divorces. Fault-based cases may involve additional discovery and evidence. Consulting a family law attorney is advisable to navigate these rules, as local court practices and judicial discretion can significantly impact outcomes.

Dating Before Divorce And Alimony

If you commit adultery before the formal signing of a written property or marital settlement agreement or before a court issues a permanent order of separate maintenance and support, you are statutorily barred from receiving alimony. Additionally, adultery may lead to a higher alimony payment if you are the paying spouse, as courts can consider marital misconduct when determining alimony amounts.

Dating Before Divorce And Property Division 

Beyond alimony, dating before your divorce is final can affect the equitable division of marital property. South Carolina courts consider marital misconduct, including adultery, when dividing assets.

If dating is perceived as contributing to the breakdown of the marriage or affecting the economic circumstances of the parties (e.g., spending marital funds on a new partner), the court may award you a smaller share of the marital estate. Furthermore, dating can influence child custody decisions, as courts prioritize the best interests of the child. Judges may view exposing children to a new romantic partner as “immoral” conduct or potentially harmful, particularly if the partner has undesirable behaviors. It can reduce your chances of obtaining custody or favorable visitation rights, even with a settlement agreement.

Date Only After Marital Settlement Agreement Is Signed 

To mitigate these risks, you can date without legal repercussions only after a signed, written marital settlement agreement or a court-issued permanent order of separate maintenance and support is in place, as these documents typically include provisions allowing spouses to associate with others. However, even then, courts may still consider the nature of your dating when making custody decisions, especially if children are exposed to the new partner.

Most South Carolina divorce attorneys strongly advise against dating until the divorce is finalized to avoid complications, such as a no-fault divorce becoming a fault-based one, which can prolong proceedings and increase costs. Consulting an experienced family law attorney is vital to understanding the consequences of dating before the divorce is finalized.

How A South Carolina Divorce Lawyer Can Help You 

Suppose you’re separated from your spouse and want to date someone. Or, your spouse accuses you of dating someone before the divorce is final. A divorce lawyer SC can help by providing legal advice tailored to your situation, ensuring your actions comply with South Carolina laws, and protecting your interests during the divorce proceedings.

As noted earlier, South Carolina does not recognize legal separation; therefore, you remain legally married until the divorce is finalized, which can make dating potentially problematic. Your divorce lawyer can explain the implications of dating, particularly how it may be construed as adultery, a fault-based ground for divorce. Adultery can bar you from receiving alimony if committed before a signed marital settlement agreement or a court-issued order of separate maintenance and support.

Your attorney can strategize to protect your interests, advising you to delay dating until these legal milestones are reached or helping you draft agreements that explicitly allow you to associate with others, thereby reducing the risk of an adultery claim.

Reduce Impact On Property Division And Child Custody 

Beyond alimony, a divorce lawyer can help mitigate the impact of dating on property division and child custody. South Carolina courts consider marital misconduct, including adultery, when equitably dividing marital assets. If dating involves spending marital funds or contributes to the marriage breakdown, it can result in a less favorable property division.

Your lawyer can gather evidence to counter such claims or negotiate a settlement to limit court scrutiny of your conduct. For custody, courts prioritize the child’s best interests, and dating, especially if children are exposed to a new partner, may be viewed negatively. A family law attorney can advise on discreet behavior, document your parenting strengths, and advocate for custody arrangements that reflect your fitness as a parent, even if dating occurs.

Streamline Divorce Process 

A skilled divorce lawyer can also streamline the divorce process to reduce the time you’re restricted from dating. For a no-fault divorce, which requires a one-year separation, they can ensure compliance with the separation requirements and expedite filings. In fault-based cases, they can defend against or mitigate accusations of adultery arising from dating, using corroborating evidence or mediation to avoid protracted litigation. They’ll prepare you for court expectations, such as avoiding social media posts about new relationships, which can be used against you in court.

By tailoring a strategy to your specific circumstances, a South Carolina divorce lawyer ensures you can make informed decisions about dating while safeguarding your financial and parental rights.

Avoid These Divorce Mistakes 

Dating before your South Carolina divorce is final can negatively affect the settlement, so you should avoid doing so until the divorce is over. You should also avoid the following mistakes, and your divorce attorney can provide additional guidance:

Not Disclosing All Assets

Hiding or failing to disclose assets during the equitable distribution is a grave mistake. South Carolina requires complete financial transparency, as marital property and assets acquired during the marriage must be divided fairly. Concealing bank accounts, investments, or other assets can result in penalties, an unfavorable property division, or even allegations of fraud. Work with your attorney to compile a complete financial declaration, ensuring all assets are accounted for to avoid court sanctions and achieve a fair division.

Neglecting to Plan for the One-Year Separation

For a no-fault divorce, South Carolina requires that spouses live separately and apart, without cohabitation, for at least one year. Mistakenly assuming occasional cohabitation counts toward this period can reset the clock, delaying your divorce. Clarify with your lawyer what constitutes “separate and apart” and document your separation, such as through lease agreements or utility bills, to meet this requirement without setbacks.

Ignoring Residency Requirements

South Carolina has strict residency rules: one spouse must have lived in the state for at least one year if only one is a resident or three months if both spouses are. Filing without meeting these criteria can result in case dismissal, wasting time and money. Verify your eligibility with a lawyer before filing in family court to avoid jurisdictional issues that delay your divorce.
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Overlooking the Impact of Social Media

Posting about your lifestyle, new relationships, or divorce on social media can harm your case. Courts may use such posts as evidence of adultery, financial misconduct, or unfit parenting, affecting alimony, property division, or custody. For example, boasting about a new partner can support an adultery claim, barring alimony. Avoid posting anything related to your divorce or personal life, and follow your attorney’s advice to maintain privacy during proceedings.

Not Hiring an Experienced Attorney

Attempting to handle a divorce without legal representation can lead to costly errors, especially given South Carolina’s complex rules on fault-based grounds, alimony, and child custody. An experienced family law attorney can guide you through filing requirements, negotiate settlements, and protect your rights in court. They’ll help avoid mistakes like incomplete filings or unfavorable agreements, saving time and money.

Speak To An Experienced Divorce Attorney Now

If you are considering dating before your divorce is finalized,  it is vital to seek guidance from a trusted divorce attorney near you. They can provide insight into how dating may impact your divorce proceedings and offer advice on the best course of action. A divorce attorney can help you handle the challenges of divorce laws and ensure that your rights are protected throughout the process.

Getting divorced is a complicated process, emotionally, legally, and financially. You should always speak to the best divorce attorney Charleston SC at Henderson & Henderson. Having all the necessary information during your divorce is essential to ensure you make informed decisions for your future. Speak to the best divorce attorney Charleston SC today.