Separation and dating/sexual encounters

My husband just moved into an apartment yesterday. He is already advertising on social web sites for “dating and serious relationships.” I guess I always thought separation was a time to cool off and try to resolve issues.

If he gets into a sexual relationship with someone now, can it be considered adultery? We don’t even have a separation agreement yet.

Thanks,
Lonesome Dove

Yes, technically it is adultery, and adultery is illegal in this state, however, it is rarely prosecuted and will have very little affect on a divorce, if any.

Just my opinion, but most people don’t bother to separate just to cool off. When someone bothers to engage another apartment, rather than just staying a few days with parents/friends to clear their head, they are intent on divorce. I’m sorry that this is happening to you, though. I hope you are able to either able get him into marital therapy or get him to become completely clear about what his intentions are rather than waffling. Best of luck.

NOT AN ATTORNEY

Dating itself is not adultery. Having sex with someone other than your spouse is adultery.