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What Is the Impact of Dating and Adultery After You Are Separated

Posted by J. Benjamin Stevens | Aug 24, 2008 | 0 Comments

Question:

I have been separated from my spouse for 4 months.  I would now like to start dating again. If I do so, can my spouse pursue a divorce from me based on adultery?  I am concerned because I don't want to lose my house.

Answer:

You have several issues referenced in your question.  If you are “legally separated” (meaning you have been issued a Decree of Separate Maintenance from the Family Court), then none of the financial issues addressed in that Order will be changed by any adultery at this point.  However, if you are only physically separated (meaning you are simply living apart from your spouse), then any adultery at this point will most liklely have an effect on how the financial issues in your case are decided.  Finally, if you are still married, your spouse can file for a divorce on the ground of adultery whether you are legally separated or not.

About the Author

J. Benjamin Stevens

Aggressive, creative, and compassionate are words Ben Stevens' colleagues freely use to describe him as a divorce and family law attorney. Ben is a Fellow in the prestigious American Academy of Matrimonial Lawyers, the International Academy of Family Lawyers, and is a Board Certified Family Trial Advocate by the National Board of Trial Advocates. He is one of only four attorneys in South Carolina with those simultaneous distinctions. To schedule a consultation with Ben Stevens call (864) 598-9172.

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