Did my wife commit adultery by dating prior filing for divorce?

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Did my wife commit adultery by dating prior filing for divorce?

My wife and I have lived in separate households for 6 months. No formal agreements were written because we discussed getting back together. I have recently discovered that she has been dating someone for several weeks or longer. As she started seeing someone prior to filing for divorce (or any legal separation) is this considered adultery?

Asked on May 13, 2012 under Family Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Probably technically, but the court will probably look at the entire picture and the fact that you have ben living separate and apart for 6 months may be the deciding factor.  I know that it must be very difficult especially if you were discussing getting back together.  What you need to determine is how "fault" is used to determine the issues in a dissolution in New Jersey (in some states it is a big factor; I do not think in New Jersey it is).  Good luck.  


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