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Can I Date My Spouse During Our Divorce?

Posted By Cairns Law Offices || 9-Jul-2018

When people think of divorcing couples, they almost assume that the husband and wife can’t stand to be in the same room together. They imagine that they can’t wait to physically separate and move on with their lives. But, is that really the case? Not always, and if you’re reading this, you may be able to relate to what we’re about to say.

Some divorcing couples are still intimate with each other. Some of them still love each other, or at least still enjoy each other’s company. Maybe they’re still best friends. Maybe they’re wildly attracted to each other, but can’t make the marriage work. Maybe one of them cheated, but the innocent spouse still finds comfort in their spouse’s arms, but he or she is through with the marriage.

As divorce attorneys, we know it happens. Some couples decide to have a no-fault divorce, but they can’t help going out on double dates with friends, sharing the same bed, or at least ending back in the throes of passion despite the divorce. The question is, “Can married couples continue to date, to be intimate with each other during their divorce?”

What The Courts Think About It

In some states, such as California or Nevada, the family courts could care less about divorcing spouses who are romantic with each other, but in Pennsylvania, it’s frowned upon. Whether the citizens of Pennsylvania like it or not, our family courts do care.

In fact, the courts can go so far as to not grant a divorce if a divorcing couple is still acting and behaving like they’re married and in an intimate relationship. You see, to get a no-fault divorce, you must be separated for one full year before you can commence the divorce process. If you’re still intimate with your spouse, this can delay your divorce proceeding.

In our post, “Why is the Date of Separation Important?” we explain how the courts don’t consider a couple separated until they stop acting like a couple, which includes having sexual relations with one’s spouse. So, if you’re certain that you want a divorce, we suggest physically separating from your spouse as soon as possible. This way, there’s no chance the courts will prevent you from filing your divorce action.

To learn about our low-cost divorce services, contact our firm today!