If I have a separation agreement with a quit claim to alimony, plus a clause agreeing not to pursue 3rd party for AA/CC, am I then “safe” to resume a relationship with someone I had an affair with? Should I wait until the divorce is final?
In so far as any action your ex could pursue you and your paramour are protected. Adultery is still considered a crime in this state, and until you are divorced, engaging in sexual activity with one other than your spouse is adultery.
So if I am “safe” from the ex, what would happen with this crime? Do you mean the DA could prosecute me like if the ex called the police?
It is still on the books as a crime, so yes, technically it could be prosecuted.
So I have a question in regards to your comments. Being all new to this separation stuff. While you are separated or in the separation process and have not yet met the one year and a day of separation, it is illegal to have sex with another man or woman? That it would still be considered adultry in this state?
Yes, that is correct.