Divorce is difficult—and lonely. So it’s not uncommon for people to ask, “Can I start dating again while my divorce is still in progress?”
Technically? Yes. There’s no law in Texas that says you can’t date during a divorce. But the real question isn’t just whether you can—it’s whether you should.
Dating while going through a divorce can complicate things in ways you might not expect. It can affect your custody case, property division, and even the emotional tone of the divorce itself. So before you download the dating apps or introduce someone new to your kids, here’s what you need to think about.
Dating While Legally Married: What Texas Law Says
Texas is a no-fault divorce state, meaning you don’t have to prove wrongdoing to end your marriage. However, fault can still be considered—especially when it comes to how property is divided or how a judge evaluates parental behavior.
If your spouse accuses you of infidelity or claims your dating life is disrupting your children’s wellbeing, it might not derail your case—but it could definitely make things messier.
Think of it this way: dating before your divorce is final can give your ex leverage—whether legally, emotionally, or both.
Could It Impact Custody?
If children are involved, dating during divorce can raise concerns. Judges are focused on what’s in the best interest of the child, and they may look at:
- Whether your new relationship is stable or short-term
- How quickly you’ve introduced a new partner to your child
- Whether your new lifestyle affects your parenting or availability
The court may not care about your personal life—unless it begins to affect your child’s routines, safety, or emotional well-being. So if you’re going to date, be cautious about how and when your child is involved.
Ask yourself:
- Is this relationship serious enough to bring into my child’s life?
- Could this be used to question my priorities as a parent?
- Would I be okay with my ex doing the same thing right now?
Financial and Emotional Complications
Texas allows for disproportionate division of property if one spouse is found to be at fault for the divorce. While dating doesn’t automatically qualify as fault, if there’s evidence of spending marital funds on your new partner—think gifts, trips, or shared expenses—your ex could argue for a larger share of the community estate.
Even outside of court, dating during divorce can intensify conflict. If you’re trying to reach a settlement or co-parent peacefully, your new relationship might become a sticking point—especially if your ex sees it as disrespectful or too soon.
So… Should You Wait?
There’s no perfect answer, but here’s a helpful rule of thumb: If it’s going to add stress, cost you leverage, or confuse your child—it may not be worth it yet.
Take time to prioritize your emotional health, finalize your divorce, and reset your life before bringing someone new into it.
Final Thoughts
Dating during divorce isn’t illegal in Texas, but it’s not always simple either. It can influence how your case plays out—legally and emotionally. The smartest move? Talk to your attorney before making any big decisions, especially if children or large assets are involved.
At Sandoval Family Law, we help people in Austin and across Texas navigate the legal and personal sides of divorce—including how to handle dating, co-parenting, and moving on with clarity.
Thinking about dating during divorce? Let’s talk through your options first.