Your marriage is ending, but the legal process is not over yet, and you are wondering if it is okay to start seeing someone new. Before you do, it helps to understand how Indiana law treats dating during a pending divorce, because what you do in this window may affect your settlement, your spousal maintenance and your custody arrangement.
Is dating during a divorce illegal in Indiana?
No. Indiana removed it as a ground for divorce in 1973 with the passage of its no-fault dissolution laws and subsequently decriminalized the act entirely during penal code reforms. As a no-fault divorce state, Indiana allows either spouse to file for divorce simply by citing an irretrievable breakdown of the marriage, regardless of either party’s conduct. No law prevents you from dating while your divorce is pending.
Can dating affect your divorce settlement?
Casual dating on its own is unlikely to change how a court splits your property. The real risk is financial. Indiana courts generally start by dividing marital assets equally, but that starting point can shift if the court determines that one spouse wasted marital money.
If you spend shared funds on a new partner, such as hotel stays, gifts, or travel, a court could count those as dissipated assets and reduce what you receive in the final division. Dating can also become relevant if you are receiving or seeking spousal maintenance. If a new relationship eventually leads to you living with someone and your financial situation changes, a court may revisit what you are entitled to.
Can dating affect child custody?
Indiana courts focus on the best interests of the child, which includes considering how any new person in your child’s life may affect them. How you handle a new relationship during the divorce can matter in that context.
Introducing a new partner to your children too soon or having that person spend the night while your children are home, can raise concerns in a custody dispute. If your new partner has any history that could affect your children’s safety or wellbeing, that becomes even more significant.
Your next step before you start dating
Every divorce is different, and what is low risk in one case can become a serious complication in another. Whether your divorce is straightforward or contested, the decisions you make during this period, including who you see and how you spend your money, can come up later in ways you might not expect.
Before you start dating, it is worth talking to an experienced Indiana divorce attorney who can look at the specifics of your situation and help you understand what is at stake. A short conversation now can save you from a much bigger problem down the road.