Executive Summary
Wanting to move forward with your life is completely natural, but if you’re considering dating during divorce in Nebraska, it’s important to understand the potential legal impact. While dating before your divorce is finalized isn’t illegal, it can affect key aspects of your case, including child custody, spousal support, and property division. In this blog, we explore the risks, legal considerations, and practical steps you can take to protect yourself. Whether you’re thinking about entering a new relationship or already have, being informed can help you achieve the best outcome.
Is It Legal to Date While Going Through a Divorce in Nebraska?
Yes, dating during divorce is legal in Nebraska. Nebraska does not have laws that prohibit someone from dating while their divorce is pending. However, that doesn’t mean it’s always a good idea.
Nebraska is a no-fault divorce state, meaning the court won’t require you to prove wrongdoing like adultery. However, your actions during the divorce process, particularly those involving your children or finances, can still impact the outcome.
How Dating During Divorce Can Affect Your Case
While dating during divorce may feel harmless, it can complicate important aspects of your case, especially when it comes to:
1. Child Custody
Nebraska courts make child custody decisions based on what’s in the best interests of the child. If your new relationship introduces instability, conflict, or questionable judgment, it may impact the court’s view of your parenting.
Questions the court may ask include:
- Have you introduced the new partner to your children too soon?
- Is your partner involved in the children’s lives in a disruptive or unsafe way?
- Are you prioritizing your romantic relationship over your children’s well-being?
2. Alimony and Finances
Dating during divorce could influence spousal support (alimony) in some cases. For example:
- If you move in with your new partner, it may appear that you’re sharing living expenses.
- If you’re receiving support, your ex-spouse might argue that you no longer need it.
- If you’re paying support, your ex-spouse might claim that your new relationship improves your financial standing.
While courts in Omaha and Lincoln don’t automatically factor in a new relationship when awarding alimony, any change in your financial circumstances can be reviewed.
3. Property Division
Nebraska follows equitable distribution laws, meaning assets are divided fairly, but not necessarily equally. If you spend marital funds on a new partner (such as gifts or vacations), your ex-spouse could argue for dissipation of marital assets, which means you’re using shared money for purposes that don’t benefit the marriage. If the court agrees, this could result in you receiving a smaller share of the marital estate.
Emotional Considerations of Dating During Divorce
Aside from legal issues, dating during divorce can also affect your emotional well-being and your ability to negotiate a fair settlement.
Here’s why it may be worth holding off:
- It can heighten conflict. If your spouse finds out you’re dating during divorce, it may increase hostility and make mediation or negotiation more challenging.
- It may distract you. Divorce is already a difficult process. Adding a new relationship can pull your focus from important legal decisions.
- Your judgment may be clouded. Rebounding during an emotional time can lead to poor relationship choices and possibly regret.
Before jumping into a new relationship, take time to focus on your legal strategy, your children (if you have them), and your own healing.
Should You Introduce Your New Partner to Your Kids?
This is one of the biggest concerns when it comes to dating during divorce in Nebraska. In most cases, it’s best to wait. The court and child custody evaluators may view early introductions as disruptive or emotionally harmful, especially if the children are still adjusting to the separation.
If you do decide to introduce your children to someone new:
- Wait until the relationship is serious and stable.
- Communicate clearly with your co-parent.
- Be sensitive to your child’s emotional state.
- Avoid involving your partner in custody exchanges or legal discussions.
Remember, how you handle this can affect not only your relationship with your children, but also your custody case in Nebraska.
Tips for Navigating Dating During Divorce in Nebraska
If you choose to start dating during divorce, here are a few tips to protect yourself both legally and emotionally:
- Keep your relationship private. Avoid posting on social media or flaunting your new relationship, especially if your divorce is still active in court.
- Be honest with your Nebraska divorce attorney. Let them know if you’re dating during divorce so they can advise you appropriately.
- Avoid cohabitating until the divorce is final. Living with a new partner can complicate alimony, custody, and property division.
- Don’t involve your children. Wait until the divorce is finalized before introducing them to a new partner.
- Stay focused on your goals. Keep your attention on resolving your divorce fairly and efficiently.
Start Your Next Chapter with Nebraska Legal Group
We understand that dating during divorce can feel like a fresh start, and wanting to move forward is completely valid. However, it’s important to be aware that even well-intentioned decisions can have unintended legal consequences.
At Nebraska Legal Group, we’re here to help you navigate this new chapter the right way. Our experienced divorce and family law attorneys in Omaha and Lincoln will make sure you understand how dating during divorce could impact your case and help you avoid unnecessary conflict. Schedule a consultation today and let us help you protect your rights while building the future you deserve.