Family Law

What Is the Impact of Dating and Adultery After You Are Separated

By Ben Stevens

Question:  I have been separated from my spouse for 4 months.  I would now like to start dating again. If I do so, can my spouse pursue a divorce from me based on adulery?  I am concerned because I don't want to lose my house.

Answer:  You have several issues referenced in your question.  If you are "legally separated" (meaning you have been issued a Decree of Separate Maintenance from the Family Court), then none of the financial issues addressed in that Order will be changed by any adultery at this point.  However, if you are only physically separated (meaning you are simply living apart from your spouse), then any adultery at this point will most liklely have an effect on how the financial issues in your case are decided.  Finally, if you are still married, your spouse can file for a divorce on the ground of adultery whether you are legally separated or not.

Full post as published by SC Family Law Blog on August 25, 2008 (boomark / email).