Can you tell me if you can date during a legal seperation or is it considered adultery?

Answer 1

Dating is not adultery. Having sex with someone while still legally marries IS. Adultery IS against the law and if can be proved is punishable both criminally and civilly. If you live in a no-fault state, it will have no effect on your divorce, if not you can loose everything (including your children) if Adultery is proven. Check the laws in your state to find a more accurate answer to your question.

However, the real question is, will you be able to feel good about yourself when all is said and done? This is what is really important. Do what you feel is the right thing.

Answer 2

If you are seperated, and not hoping to get back with your spouse, then you should feel free to date. Just go slowly and don't make hasty decisions. No one is in their best state of mind when going through a divorce. I was seperated with a young child, had no interest in dating (was brokenhearted) and happened to meet someone 3 months into the painful seperation). We have now been married for 14 years and have 2 more kids! Still, I should have given it more time, and maybe would have chosen a different path. But I never felt I did anything immoral, especially since we were legally seperated and I was not the one who wanted that in the first place. So, have fun but move slowly. Time has a way of working it all out if you allow it to do so.

Answer 3

Adultery is also a legal term whose meaning changes state by state, so ask your lawyer, that's why you have gotten so many versions of an answer to your question, in some places it may be brought up at custody hearings, in others not.
Don't take chances, divorces often look for anything they can find. Adultery is sex, not just dating, so at least close the curtains, and make sure that new man or woman in your life isn't undercover in more than one sense.
I was divorced in New York state with no legal separation papers ever filed, it took six months start to finish, so I'm not sure what hex is talking about.

Answer 4

darkladydraco gave you the only closely correct answer.

IF this is in the U.S. it depends on the state. Not because of any particular state law, but because most states do not have or require a LEGAL separation.

For example, New york requires a legal separation of two years before the divorce can be granted. During that time, the legal relationship between the parties is severed as of the date the legal separation is granted.

For matters of law, this process is referred to a 'pre-divorce' action.

therefore, to correct the answer, you can do anything you wish once a LEGAL separation has been granted, including dating, purchasing a home or anything other than getting married that a single person otherwise may be allowed to do.

IF your state does NOT have provisions for a LEGAL separation, then the answer is no. Adultery may not be a crime, but it can be grounds for the court to award a less than equitable property award to one spouse over the other.

so tread lightly.

Answer 5

I think it depends upon which state you live in. For example, I live in Ohio. The adultery rule is out. If you were to ask a lawyer like I did, he/she would tell you that you and you spouse have just went your separate ways. There is no harm in dating while being legally seperated.

Answer 6

It is my understanding that a separation is supposed to give each party time to work on their relationship before it lands in divorce court.....not to start sleeping around. How in the world could dating help that? And yes, it is adultery....you would still be married.

Answer 7

Most people look at a legal separation as almost divorced and they go ahead and date. You are not sure and because of that perhaps you should wait. If you still feel married it could cause you more mental pain than a date was worth. Technically, because you still married, it is adultery.

Answer 8

Totally depends on what it states in the Seperation papers and how each of the seperated partners look at it. No, it can not be brought up in court unless it is an Illegal act.

Answer 9

Until the divorce decree is final then sleeping with another person woud be adultery. So that means either never tell the old bat OR don't do it. Thats up to you. If she is a mean old woman finds out then that would suck. HOWEVER without physical evidence she can't prove anything unless you confess to it. You being with a woman isn't adultery...sleeping with her is. So if you have any suspicions about your soon to be ex dropping in while you are having relations with your "friend" then don't do it. Oh yeah dont record the events :) If she gets her hands on those dvd's you are as good as dead.

Answer 10

You should not date during a separation.... and delay dating until you are divorced. It is always better to take the "High Road" when it comes to these kinds of issues. If you didn't think it was wrong.... you would NOT have asked this question in the first place. If it doesn't feel right, then don't do it. Don't pile one mistake on top of another. It is best to emotionally detach, so you will be a better "date" in the future.