Legal Question in Family Law in Pennsylvania
Dating after separation
My wife and I have been separated for 5 months. We sat down in counseling and she brought up the question ''what if someone asks her out on a date?'' I said who am I to stop you and we both agreed that dating...if it happens would be ok. If I were to go out on a date could she bring up adultery, if I did not meet this person until after separation?
2 Answers from Attorneys
Re: Dating after separation
You can't commit marital misconduct after the date of your final separation.
Re: Dating after separation
You asked about possible accusation of adultery for activities while the spouses are separated.
You said that you were in counseling. As there is counseling going on then the separation is likely not final.
In that case, yes you could be accused of adultery, if you actually commit adultery. But dating by itself is not committing adultery. Adultery requires the act of intercourse between the spouse and the non-marital partner. In other words, You can probably have all parts of an intimate relationship as long as it does not include intercourse and not therefore have committed adultery, by the technical definition of the term.
It's not an area that you want to fight about in court. Hire an attorney and deal with these issues properly.
And remember, you are getting ahead of yourself. But that's a conversation for your counselor.
Regards,
Roger