There is no set waiting period for when parties can start dating during the divorce process. If infidelity is one of the reasons that brought you to the point of the divorce, this may be already painfully obvious.
Those currently involved in relationships or contemplating relationships during the pendency of the divorce must consider the strategic issues. You should consider the effect your dating might have on your spouse’s willingness to settle the case and how it will affect the issues that are contested in the divorce, and how it will affect the child.
If custody is an issue, you can expect the people you date to be brought into the case to demonstrate the effect they have on your children. Additionally, if you spend money on your significant other, this may be found to be a waste of marital funds and you may be required to pay back the amount spent.
For women wanting to be paid spousal support, known as maintenance in Illinois, it is critical that she is not “cohabitating” with her significant other. If she is doing so on a continuing basis and her husband can prove it, she will be barred from receiving maintenance.