However, spouses are still legally married when they separate by this method. Adultery requires that sexual contact exists between a married individual and someone other than his spouse.
If a married but separated man takes a woman out for dinner, but drops her off at the end of the evening and goes his own way, it’s generally not adultery. If he dates that woman repeatedly and they begin spending time together in each other’s homes, this can open the door for his spouse to claim the affair is adulterous because sexual contact might be taking place.
Simply having your new partner stay overnight while your children are present could be sufficient grounds for limitation of your custody and/or visitation rights.
Each child custody case is different, depending on the unique circumstances involved.
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The significance of committing adultery also varies from state to state.
Some states consider a couple legally separated when they have signed a separation or marital settlement agreement and relocated to separate homes.
And besides, you and your spouse have verbally agreed to date other people. The answer to the question, “Can I date while separated? Dating while separated can complicate eventual legal proceedings and damage your chances of a favorable resolution.
If children are involved, this could detrimentally affect your custody or visitation rights.
To further complicate matters, the Uniform Code of Military Justice has its own laws regarding adultery among members of the United States military.