Legality of Dating During Divorce Proceedings: Insights from Divorce Lawyer in Bangalore

Legality of Dating During Divorce Proceedings: Insights from Divorce Lawyer in Bangalore

Divorce is an emotionally taxing process that can stretch over months or even years, depending on the complexities involved. Amidst this, a common question arises: Is it legal to date someone else while your divorce is still pending? As one of Bangalore’s leading divorce lawyers, I aim to shed light on this nuanced topic, offering clarity to those navigating these challenging waters.

Dating trends in Bangalore, like in many other urban centres, have evolved significantly over the years due to the rise of digital platforms, changing social norms, and the increasing independence of younger generations. Bangalore, being one of India’s most progressive cities, has seen a shift in attitudes toward dating and relationships. Bangalore also ranks among the top cities in India for the usage of dating apps like Tinder, Bumble, and OkCupid to name a few.

A recent survey study that was published on “VICE” in 2015 showed 42% of dating app users are not single or married. It is also observed although married many people log status as single on the dating apps, later discover they are already married and their divorce proceedings are is in progress. It is also at times seen that while the divorce proceedings are still in progress, many individuals have already created their profiles on leading matrimonial apps and have already started to look out for another partner.

Understanding the Legal Perspective

In India, the divorce process is governed by various personal laws, depending on one’s religion—Hindu Marriage Act, 1955, for Hindus; Muslim Personal Law for Muslims; Christian Marriage Act, 1872, for Christians; and so on. These laws primarily focus on the dissolution of marriage and related matters such as alimony, child custody, and property division. However, they are relatively silent on the subject of dating during divorce proceedings. There have been few leading judgements that have categorically held that the second marriage of a person during the pendency of an appeal against a divorce decree that is granted by the family court would not be void in cases where the parties have decided not to pursue the appeal.

Adultery and Its Legal Implications

While the concept of adultery as a criminal offense was decriminalized by the Supreme Court of India in 2018 (Joseph Shine vs. Union of India), it can still have significant implications in divorce cases. Adultery remains a valid ground for divorce under most personal laws. If one spouse can prove that the other engaged in an extramarital affair during the marriage, it could impact the divorce settlement, particularly in matters of alimony and child custody.

Thus, if you are legally separated but not yet divorced, dating could be construed as adultery, potentially complicating your case. As the best divorce lawyer in Bangalore, my advice is to approach this matter with caution and to understand the legal ramifications fully.

Impact on Child Custody and Alimony

Dating during divorce proceedings can also influence decisions regarding child custody and alimony. The court considers the moral conduct of both parents when determining the best interests of the child. If one parent is found to be in a relationship before the divorce is finalized, it could be perceived as a lack of commitment to the family unit, which may negatively impact their chances of obtaining custody.

Similarly, in cases where alimony is concerned, a spouse’s decision to date could be viewed as financial independence, potentially reducing the alimony amount or leading to its denial altogether.

Societal Perception and Its Role in Divorce Proceedings

In a country like India, where societal norms and values hold significant sway, dating during a divorce can invite stigma and judgment, both from family members and the broader community. This societal perception, although not directly affecting the legal outcome, can influence the behavior and decisions of the parties involved, adding emotional strain to an already difficult situation.

Three Best Legal Advice for Those Considering Dating During Divorce

1. Wait Until the Divorce is Finalized: The safest course of action is to refrain from dating until your divorce is officially finalized. This avoids any potential legal complications and ensures that your focus remains on resolving the divorce amicably. Your spouse may react negatively if they discover you’re dating, potentially making the divorce process more contentious and difficult. Note that dating while your divorce is still pending can potentially impact the outcome of your divorce case, particularly in matters of alimony, custody, and asset division.

2. Consult Your Lawyer: Before making any decisions, it is crucial to consult with your divorce lawyer. An experienced lawyer can provide tailored advice based on the specifics of your case, helping you understand the potential risks and consequences. Be transparent with your divorce lawyer about your dating life so they can advise you on the best course of action and how to protect your interests during the divorce proceedings.

3. Keep Discretion in Mind: If you choose to date, be discreet. Public displays of a new relationship can be used as evidence against you in court, impacting the outcomes of your divorce proceedings. Avoid introducing your new partner to your children or mutual acquaintances until the divorce is finalized. Maintaining discretion can help ensure that your dating life doesn’t adversely affect the legal proceedings and allows you to focus on securing a fair and favourable divorce settlement.

Summary
Navigating the legality of dating during divorce proceedings requires a careful balance of personal desires and legal prudence. As one of Bangalore divorce lawyers, my foremost advice is to approach this issue with a clear understanding of its legal implications. While the heart yearns for companionship, the mind must remain focused on securing the best possible outcome for your future.

For personalized legal advice tailored to your unique situation, feel free to consult with our team. Reach us at +91 9845944896 or write to us at mail@lawyersonia.com We are committed to guiding you through every step of the divorce process, ensuring that your rights are protected and your future is secure.