LEONARD M.WEINER, ESQ, Ph.D.

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LEONARD M.WEINER, ESQ, Ph.D.

(212) 370-1660

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Question #156

Hi, my question is if while a few months into a legal separation, one of the spouses or both enter into new relationships would it be considered adultery and better to file on those grounds rather than waiting out the year? In the separation papers, it states that we are to live as if single and unmarried and not to cohabit or dwell with one another. I am wondering if this allows for each of us to be involved with someone else or if it is considered adultery. We have no issue with the fact that we may get involved with another as we both agree with the separation, no longer love one another, and both want to dissolve the marriage. Thank you.

You are considered married until you receive a signed judgment of divorce from the court, and it is filed with the county clerk. Until then, any sexual relationship with another person is considered adultery. You could have selected a different grounds other than the Separation Agreement and would not have to wait the year.
Leonard M. Weiner, Esq./Divorce Solutions

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