Dating a man who is legally separated
Legal separation can mean different things in different states, so it should come as no surprise that the laws regarding dating after legal separation are also somewhat inconsistent.To further complicate matters, the Uniform Code of Military Justice has its own laws regarding adultery among members of the United States military.
If you have begun dating a separated man, you need to be sure that you both want the same things for your future together.
Unfortunately (or fortunately…depending on how you look at it), there is no simple mathematical equation, or test, or quiz that can predict whether or not your relationship will be a lasting success.
Some states consider a couple legally separated when they have signed a separation or marital settlement agreement and relocated to separate homes.
A separation agreement is a binding contract, but the contract is between the spouses and doesn't involve the court until they’re divorced and it becomes part of a decree. In other states, legal separation is a process similar to divorce.
Therefore, if the adultery occurred after separation and not before, it may be excusable during a military inquiry.
It would depend on the opinion of the officers conducting the inquiry.
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In states that still recognize fault-based divorces, adultery has more of an impact.
If a man begins dating during a legal separation in one of these states, and if his wife can prove that the relationship is sexual in nature, she can usually file for divorce on grounds of adultery.
However, the timing of the adultery may be considered.