I am in the process of a divorce right now. There is NO HOPE of a reconcilliation. If I start seeing a man (before the divorce is filed), is that considered an affair, since I am the one filling out the divorce papers and filing them?
2006-12-08 02:08:49 · 20 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
NO....I was NOT seeing this guy before my husband and I separated, though I did know him before we separated. We were just friends. It has just started being more...and no, we have not had sex, nor will we until my divorce is LEGALLY finalized.
2006-12-08 02:19:27 · update #1
Technically, yes, it's an affair because you are still married. However, if you have already filed, it's shouldn't be a big deal (except morally) because the grounds for divorce have to occur before you file.
Now, this may give him grounds to counter sue for divorce on the grounds of adultery, but even if he does that, it won't change anything in the final outcome because you'll still be divorced, property can't be unevenly divided based on one party's wrong doing and stuff like that. In other words, the Court can't rule against you on property/debt issues because you were, technically, unfaithful--and remember that's only an issue if he counter sues.
Oh--and 'seeing' a friend for dinner and movies is not an affair. Try not to have sex with him if that makes you feel better on the moral issue. That's the line you'd have to cross to have an affair in the legal sense.
2006-12-08 02:18:15 · answer #1 · answered by kathylouisehall 4 · 0⤊ 0⤋
I don't think its an affair but you might want to check out how your state feels about it. I live in colorado and its a no fault state. If your state is not like this your soon to be ex can hold it against you if he finds out. I met my now husband while I was in the process of my divorce. So if you ask me no. As long as your filing paper work.
2006-12-08 10:16:25 · answer #2 · answered by adidasgurl68 1 · 0⤊ 0⤋
If you are separated - living apart and completely independently, then no. If you are still with your spouse but trying to do the paperwork to file for divorce, and you start to see someone else, then yes, that would be considered an affair.
2006-12-08 10:13:39 · answer #3 · answered by auskan2002 4 · 0⤊ 0⤋
If you have Both Agreed on a Separation and Divorce-then the Guides are set!,and Technically Free to do as you wish!
The paper work is a mere formality,unless there are assets and Real Estate to be worked through!
2006-12-08 10:11:47 · answer #4 · answered by J. Charles 6 · 0⤊ 0⤋
Be careful with this one. Some states, like Ohio are considered "no fault' when it comes to divorce. That means there is no stipulation for infidelity. The only thing that matters is an amicable splitting of the community assets.
Check with your attorney to make sure that this will not come back to bite you in the rear end. He/She will be able to give you legal advice based on your state's divorce laws.
Good luck
2006-12-08 10:13:21 · answer #5 · answered by bux_martinfan 3 · 0⤊ 0⤋
Yes an in some state you could be at fault for the divorce if he can have proof of it... i woulld keep this man a close friends and then when the divorce is final i would take up a relationship with him.... If he loves you and wants to be with you then he should have no problem waiting......
2006-12-08 10:13:35 · answer #6 · answered by evil_fallen_angel41 3 · 0⤊ 0⤋
I dont think its an affair..the papers have been filed and the divorce has been started so no i dont think its an affair
2006-12-08 10:11:50 · answer #7 · answered by Michele 3 · 0⤊ 0⤋
yes..... and you not ready anyway. Give yourself sometime even after the divorce or you could really set yourself back emotionanlly. Your just to angry,lonely, and confused right now to make a good decision about a new relationship.
2006-12-08 10:27:44 · answer #8 · answered by daloveman 2 · 0⤊ 0⤋
What till the divorce if final. You are better off waiting.
2006-12-08 10:20:41 · answer #9 · answered by Anonymous · 1⤊ 0⤋
I think if the papers have been filed and you are legally seperated it is not considered an affair.
2006-12-08 10:10:34 · answer #10 · answered by zara01 4 · 0⤊ 2⤋