Unless you entered into a formal Separation Agreement or were separated by order of the court, having separated informally and gone on your way is not a legal separation, and you are considered legally married. Therefore, if either of you had sexual relations during this period, the grounds of adultery would be applicable. Nevertheless, if you are interested in getting on with your life, and resolving this matter so that you can focus on your future, I strongly suggest you consider mediation where we would all sit down together and solve this and all of the other issues that are outstanding to formalize the separation and prepare and file the divorce papers.
Please call me at 212-370-1660 to arrange for a meeting to discuss mediating your divorce.
Leonard M. Weiner, Esq./Divorce Solutions