Legal Question in Family Law in Maryland

Dating and separation

Is it legal for a married person to date others during a separation? Would it be considered adultery?


Asked on 10/12/06, 7:37 pm

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Dating and separation

Dating without sexual intercourse is not adultery. This being said by doing so you may cause harm to your possible/pending divorce.

Dating and cohabitation (that is, sexual intercourse) are not the same. Despite this dating may provide evidence that can be used for showing adultery.

Any person so married who has intercourse with someone other than his/her spouse has committed adultery. Adultery is a fault based ground for divorce in Maryland and requires specific evidence be shown.

A separation agreement settles monetary matters between you and your spouse. In Maryland a separation agreement is not a divorce.

Dating is okay but in doing so you may provide evidence that goes toward proving adultery.

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Answered on 10/12/06, 11:43 pm


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