First off, a big THANK YOU to all of the attorneys who answer questions on this forum. Your generosity with your time and knowledge is much appreciated.

I discovered my wife’s adultery a few weeks ago, and I told her immediately that I intended to separate from her. Since that night I have been sleeping in the guest room. Twice since my discovery, however, we have had sex while drunk. These were isolated acts that in no way explicitly (or implicitly, as far as I’m concerned) conveyed that we were getting back together or that she was forgiven. We retired to separate beds after each encounter. My desire to permanently separate has not changed, I have not said anything to her to the contrary, and we continue to discuss our separation arrangements.

Does the simple fact that I engaged in intercourse with her imply condonation of her affair? I have had one respected family law attorney in my area say “yes” without hesitation, but I have read several opinions to the contrary here. (Note: The attorney I mentioned above simply asked whether I had engaged in sex with her since finding out, and proferred his opinion without asking any other questions.)