Legal Question in Family Law in New York
My husband and I are seperating. We have not filed any legal forms for this, as we are trying to be amicable. Both of us have removed our rings and have decided that he will be leaving the house and finding an apartment. If one of us was to start dating would it still be considered adultery?
3 Answers from Attorneys
Dating is not adultery. Under these circumstances, however, having sexual relations with someone is.
If you are still married and you have sex with someone else, it is adultery.
If you are separating, you should see an attorney to create separation agreement. That would establish the time and date that the relationship ended. Although that would not eliminate the idea that adultery was committed if you have sex with a partner who is not your spouse it would effectively keep it from being an issue in a divorce.
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