If my husband and I are 8 months into our year separation before the divorce, is it legal for him to move in with another woman as “roommates”?

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If my husband and I are 8 months into our year separation before the divorce, is it legal for him to move in with another woman as “roommates”?

He has moved in with 2 friends; 1 male and 1 female.

Asked on April 25, 2012 under Family Law, South Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

He can move in with anyone at this point but if you live in an at fault state wherein adultery is a viable cause for divorce proceedings and you know he is sexually active with this person, then you can always add this to your list of causes for dissolution of marriage. You are living separate and apart with no possibility of reconciliation, so the issue here is not that it is illegal but whether it is a cause for dissolution that will enable you to get more of the marital assets or less of the marital debts.


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