Is it considered adultery if you intimately date someone while legally separated?

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Is it considered adultery if you intimately date someone while legally separated?

The divorce has been filed, just waiting the required 365 days (children are involved) for the divorce to be finalized.

Asked on December 16, 2010 under Family Law, Louisiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First of all, LA no longer has "Legal Separation." Parties that were legally separated before the abolition of "Legal Separation" can remain separated, but parties may no longer obtain a Judgment of Separation. What you are referring to here is "physical separation" , which occurs when parties are "living separate and apart" prior to divorce. As for dating during this time, it is typically best to wait until your divorce is finalized. A realtionship such as you describe could potentially affect he outcome of your divorce.  At this point, you should consult directly with a divorce attorney in your area.


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