Dating is legal after separation. Sexual relations is technically still adultery until absolute divorce is granted. Regardless of how long the separation has been, legally you are still married.
Adultery/criminal conversation is a misdemeanor and is rarely prosecuted…it’s just too common and most attorneys will not bother. I’ve read many posts on here about it but never once have I read that someone served jail time or fines for adultery.
My suggestion: if you have everything resolved and have been separated for almost the one year one day requirement…wait. Either the STBX has been making threats or it would bother you to know that you are doing something illegal. What’s a little more time, if you have waited this long?
Thanks. Does STBX have to be in this state to press charges against him - I guess you could call this tit for tat.
Also if one is not complying with seperation aggreement how do you go about filing “contempt” of the orders. Can you do this on your own to avoid more attorney fees; if you do this with an attorney can you then file a motion for him to pay those attorney fees?
Having a sexual relationship with someone other than your spouse is adultery and it is a crime unil the date you are legally divorced.
Helena M. Nevicosi
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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Seperated for almost a year; all “paper work” is completed. Is dating and sexual relations (children not in the home) still considered adultry? Can STBX file charges?