Legal separation question

[nythng4mygrl]

What is the name of your state (only U.S. law)? Louisiana

If divorce was filed for in June, 2008 and husband contested, but is legally separated is it considered adultery to have a signficant other? Is it okay to date but not co-habitate if you are legally separated, but not divorced until June 2009?

Thanks

 

[Ohiogal]

What is the name of your state (only U.S. law)? Louisiana

If divorce was filed for in June, 2008 and husband contested, but is legally separated is it considered adultery to have a signficant other? Is it okay to date but not co-habitate if you are legally separated, but not divorced until June 2009?

Thanks

Yes it is legally adultery to be having sex with someone not your spouse. And dating is not legally adultery unless you are engaging in sex.

 

[nythng4mygrl]

So my sister has a soon-to-be ex hubby who has been seeing the girl he cheated on her with. It is legal to date, but not have sex, correct? And if he has overnight visits with the mistress while my niece is home with him, that is adultery? Or even for that matter, if he is having sex period, that is adultery? They have a no-cohabitation clause in their property settlement, but he says it is legal to date while separated.

 

[mistoffolees]

So my sister has a soon-to-be ex hubby who has been seeing the girl he cheated on her with. It is legal to date, but not have sex, correct? And if he has overnight visits with the mistress while my niece is home with him, that is adultery? Or even for that matter, if he is having sex period, that is adultery? They have a no-cohabitation clause in their property settlement, but he says it is legal to date while separated.

It's adultery whether there's someone there or not. If he's having sex with someone else while married, it's adultery. If he's not having sex, it's not adultery. Simple.

SOME agreements would prevent him from having an overnight guest while a minor child is in the house, so see what the agreement says. If there is no such restriction, she can't stop him from doing it - except by going back to court and asking for the judge to order no overnight guests. This is a common request and usually (AFAIK) will be ordered by judges on request.