If a spouse has spent community funds on the person he or she dated during the marriage, the community could seek reimbursement for those funds.
(Legal custody refers to the ways that parents share major decisions regarding the health, safety, and welfare of their children.
Physical custody refers to the amount of time each parent spends with their children.) California courts will look to the “best interest of the child” when determining the appropriate custody and visitation schedule.
This means that any person can file to end a marriage or domestic partnership without having to explain why (other than simply stating “irreconcilable differences”).
Nor is there a need to prove fault or “bad behavior” by the other party.
Typical exceptions to the community property principle include inherited property and property received as a gift.
In these cases, it is presumed that the spouse who inherited property—or received it as a gift—owns that property as “separate property” (and it is not subject to division). Parties may opt out of California’s community property system by entering into a valid prenuptial agreement.
California is a no-fault state, which means that one spouse does not have to prove that the other has done something wrong in order to obtain a divorce.
So, while it is acceptable to date other people before the divorce is finalized, the real question is whether it is smart to be dating other people before the divorce is final.
Prenuptial agreements have historically been frowned upon and are often difficult to enforce.