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My husband is moving out and we are getting a dissolution but havent yet. Before our dissolution is granted or before the paperwork, if I was to be with someone else is that considered adultery in courts?

2006-07-03 16:32:16 · 13 answers · asked by Anonymous in Family & Relationships Marriage & Divorce

13 answers

Excellent question!

Actually, it mostly depends on where you are. There is no national divorce law so you go by the laws of each state and there can be considerable differences.

Most states now operate under a set of laws called no-fault. That means each person is entitled to a divorce on the grounds of incompatibility; you just swear you can't get along.

Adultery, nonsupport and and several other old " grounds for divorce " may be alleged but can't prevent the divorce from happening. Instead, they are used primarily as evidence to support charges when there is a custody battle or when a lot of money is involved. Regardless, any allegation must be proven with hard evidence like pictures or witness testimony.

So, unless you're soon-to-be-ex has a ton of money that he's determined to give to some attorney who will be more than happy to receive it, there's no use putting it off ... have all the fun you want!

I hope that helps. If not, drop me a note and tell me what state you're in and a little more detail and I can give you a better answer .

Good luck!

2006-07-04 03:32:26 · answer #1 · answered by magic 3 · 2 0

As far as the courts it is none of thier business, if you two are both in agreement on the dissolution then it should never be a factor. And besides it is really hard to prove that your spouse has been with someone else unless you hire someone to follow them with a camera, and how many people do you know that would go to that much trouble.

2006-07-03 16:44:36 · answer #2 · answered by jazzie 2 · 0 0

You better go to see a lawyer as every state is different with this kind of stuff. Back when I got my divorce from my now ex-husband, neither one of us was allowed to date any one for at least 4 months. Didn't bother me in the least as I was not interested in any one at all. But 1 month after being told this, he moved a woman into the house that we had shared. I could have pursued that and filed charges on him but I just wanted to get it over with. But like I said every state is different so talk to your lawyer.

2006-07-03 16:47:02 · answer #3 · answered by SapphireB 6 · 0 0

Until the divorce is final you are still considered married. Therefore I would refrain from having sex with someone else until then, unless of course you live in the UK. Which I believe takes several years to obtain a divorce.

2006-07-03 16:38:38 · answer #4 · answered by Anonymous · 0 0

Yes, the best thing to do is wait until everything is resolved. I'm not sure what state you're in, the law are different for each state.

2006-07-03 16:40:24 · answer #5 · answered by Shay~Shay 3 · 0 0

Until your divorce is final being with someone else is adultery.

2006-07-03 16:53:13 · answer #6 · answered by daljack -a girl 7 · 0 0

I believe it is. It is not final yet so you better just hang on and wait for it to be all over. Besides... waiting always makes it better!!lol!

2006-07-03 16:46:59 · answer #7 · answered by criedout 1 · 0 0

not sure, if there is going to be a legal fight, talk with a lawyer.

2006-07-03 16:36:30 · answer #8 · answered by kurticus1024 7 · 0 0

its still adultery

2006-07-03 16:40:51 · answer #9 · answered by kf4wwe 4 · 0 0

I don't know for sure, but you'd better not chance it.

2006-07-03 16:35:32 · answer #10 · answered by kitten lover3 7 · 0 0

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