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beairstomr

Junior Member
I have been seperated and living separately from my wife for 3+ yrs; not a legal separation. I am filing for divorce (in state of MD - where we were married and where she still resides ... I now live in VA) and am curious to know whether I can date given the time I have lived apart from my wife, with no physical activity between the two of us and me not having stayed in the house with her for one night during the 3+ yr time period.
 


LdiJ

Senior Member
I have been seperated and living separately from my wife for 3+ yrs; not a legal separation. I am filing for divorce (in state of MD - where we were married and where she still resides ... I now live in VA) and am curious to know whether I can date given the time I have lived apart from my wife, with no physical activity between the two of us and me not having stayed in the house with her for one night during the 3+ yr time period.
If you have sex with someone while you are married to someone else, its adultery.

Now, whether or not that would raise any eyebrows legally in this day and age, particularly when you have been separated for 3 years, is questionable. However, at minimum you should be very discrete about it and if you and your wife have children in common, whoever you are dating should be no where near your children until after your divorce is final AND you are certain that its going to be a long term relationship.
 

Silverplum

Senior Member
Now for what could actually be termed An Answer. ;)

You aren't qualified to file in MD if you live in VA.
http://www.divorcesupport.com/divorce/Maryland-Divorce-Residency-Requirements-565.html

Here are the MD grounds for divorce:
http://www.divorcesupport.com/divorce/Maryland-Grounds-for-Divorce-566.html

Should SHE decide to divorce YOU, she can use adultery as her grounds if you give her that ammunition.

You should file in VA because you live there. On the other hand, beware of adultery THERE, also, because VA takes it seriously:
http://www.divorcelawinfo.com/VA/divorce/divexpln.htm
 

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