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  • Writer's pictureP. Tyler Summers, Esq.

Should I Pop the Question While Still Married?

As a family law attorney, I often get asked if it's okay to propose to a new partner before the divorce is finalized. My clients are eager to move on with their lives and make that big romantic gesture, but they don't want to cause any legal complications with their ex.

My advice? Hold off on popping the question.

I know, I know. You're head over heels for your new love. You want to shout it from the rooftops and make it "official." But legally speaking, you're still married until that divorce judgment is signed by a judge.

Getting engaged to someone while you're still married is risky business. If your ex finds out, they may accuse you of adultery or having an affair. Even if you've been separated for a while, it can still be used against you in court. Your ex could try to get more of the marital assets or push for spousal support.

The optics just don't look good either. Do you really want to have to explain to friends and family that you got engaged before you got divorced? It raises eyebrows and feels morally questionable to a lot of people.

My advice is to wait until the ink dries on your divorce papers. I know that ring is burning a hole in your pocket. But hold tight a little longer. Draft up a timeline with your divorce attorney on when you can expect to be single again.

Once you're legally free, feel free to shout your love from every mountain top! No more wedding band tan lines or complications. You and your new fiancé can celebrate your fresh start without any baggage. Grand romantic gestures will mean so much more then.

The months of waiting will be difficult, but worth it. Have patience and protect yourself legally. Let your head lead on this one, not just your heart. The time for a stress-free engagement will come sooner than you think!

Disclaimer: The content provided in this blog is for informational and educational purposes only. It should not be construed as legal advice and readers should not act upon any information provided without seeking professional legal counsel. The author does not guarantee the completeness or accuracy of the information provided. This blog is not intended to create an attorney-client relationship between the author and the reader.

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