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Total Votes: 145
My husband and I separated almost a month ago. I am in no way, shape or form ready to date again and won't be for a long time... but I know that divorces can be long, nasty processes and it got me thinking... Would dating someone else before a divorce is finalized be considered adultery? I have a friend that says no, my husband beat the snot out of me, he broke the covenant and it no longer matters as long as we're separated... My mom says that dating before its finalized is wrong because we're still legally married.
So I was jsut cusrious - what does everyone else think?
PS - I should have clarified. I'm not worried about how it will look in court. I'm already going to kick his ass in court. I'm just wondering, from a personal perspective, what others think about it.
Just remember that in court it's not about "truth, justice, and the american way"....it's all about who tells the best story.
I think it the eyes of the law it may be considered adultery, but to me personally, I don't think it is. You are no longer choosing to be with this person. You are going through the proper channels to ensure you will no longer be legally tied to this person. People move on.

My mom and I just went through this!! She had cheated on my Dad, and then when the divorce was in progress she moved in with her new boyfriend. I think that you (no matter how ugly the marriage OR divorce is) made a vow before God, and you should stand by it for better or worse!! I'm NOT at all saying you should stay with your husband if he laid his hands on you, but you will earn respect from yourself and your children if you just wait until it all goes through...plus you will also earn the respect of a future mate, that he hasn't been put in the middle of it!!
I'm in this situation. My STBX and I are legally married. He is the one that had the affair that ended our relationship. We haven't been living together since November. We are seperated, but not LEGALLY seperated. As in, there is no paperwork that states we are legally seperated, just seperated by not living together. If I were to start dating now, it wouldn't be considered adultry since we aren't together. We aren't living as man and wife. We aren't living our lives married. Us still being married is just a technicality at this point.
I really don't get the difference between "separation" and "legal separation". Its irritating... We were married in the state of DE (where he still lives - I moved), so we have to be living apart for 6 months before we're considered "legally separated" and I can't file for divorce until then. Ugh. I just want it over with and I can't even file for another 5 months.
Quoting Haileysmom0530:
I'm in this situation. My STBX and I are legally married. He is the one that had the affair that ended our relationship. We haven't been living together since November. We are seperated, but not LEGALLY seperated. As in, there is no paperwork that states we are legally seperated, just seperated by not living together. If I were to start dating now, it wouldn't be considered adultry since we aren't together. We aren't living as man and wife. We aren't living our lives married. Us still being married is just a technicality at this point.
I'm in Indiana. I can file divorce whenever I want and I already have. I had different options. #1.... file for legal seperation. Still have to go to court, still have to file papers. Its like filing for divorce, but the legal seperation takes place over the course of a year. When the year is over, we go back to court to tell the judge that we either want it extended, ended cuz we're working it out, or ended because we want to file for divorce. I filed from divorce straight out of the gate. I moved out in November, filed at the beginning of December. We had to wait 60 days after the initial court hearing before our divorce would be finalized. We didn't finalize it because he was deploying and we wouldn't have time to get it all done before he left. EVERYONE in the state of Indiana has to go by the 60 day waiting period.
According to the state of Indiana, we are SEPERATED because we haven't been living together for over 90 days. BUT we aren't LEGALLY seperated, because no paperwork has been filed to say that we are. A LEGAL seperation has to be signed by the judge. We don't have that.
I can't believe you can't file for divorce until you've been living apart for 6 months! Thats dumb! I would be so pissed about that. The only thing that sucks in my state is its a no fault state. He had an affair, but I can't get him on that. Stupid Indiana. LOL.
Quoting Datina:
I really don't get the difference between "separation" and "legal separation". Its irritating... We were married in the state of DE (where he still lives - I moved), so we have to be living apart for 6 months before we're considered "legally separated" and I can't file for divorce until then. Ugh. I just want it over with and I can't even file for another 5 months.
Quoting Haileysmom0530:
I'm in this situation. My STBX and I are legally married. He is the one that had the affair that ended our relationship. We haven't been living together since November. We are seperated, but not LEGALLY seperated. As in, there is no paperwork that states we are legally seperated, just seperated by not living together. If I were to start dating now, it wouldn't be considered adultry since we aren't together. We aren't living as man and wife. We aren't living our lives married. Us still being married is just a technicality at this point.
Lol. You're making me wish I had stayed in Indiana! I lived there for 7 years before moving to DE where I met my STBX. I friend of mine in NH separated from his wife in April and the divorce was finalized in May. I chose the WORST stare to get married in!
As for the no fault thing... I could file for divorce based on domestic violence, but I've decided not to do that because I know he'll fight til the death and it will just get longer and more messy... I'm just going to file as :"ncompatible" and get it over with.
Quoting Haileysmom0530:
I'm in Indiana. I can file divorce whenever I want and I already have. I had different options. #1.... file for legal seperation. Still have to go to court, still have to file papers. Its like filing for divorce, but the legal seperation takes place over the course of a year. When the year is over, we go back to court to tell the judge that we either want it extended, ended cuz we're working it out, or ended because we want to file for divorce. I filed from divorce straight out of the gate. I moved out in November, filed at the beginning of December. We had to wait 60 days after the initial court hearing before our divorce would be finalized. We didn't finalize it because he was deploying and we wouldn't have time to get it all done before he left. EVERYONE in the state of Indiana has to go by the 60 day waiting period.
According to the state of Indiana, we are SEPERATED because we haven't been living together for over 90 days. BUT we aren't LEGALLY seperated, because no paperwork has been filed to say that we are. A LEGAL seperation has to be signed by the judge. We don't have that.
I can't believe you can't file for divorce until you've been living apart for 6 months! Thats dumb! I would be so pissed about that. The only thing that sucks in my state is its a no fault state. He had an affair, but I can't get him on that. Stupid Indiana. LOL.
Quoting Datina:
I really don't get the difference between "separation" and "legal separation". Its irritating... We were married in the state of DE (where he still lives - I moved), so we have to be living apart for 6 months before we're considered "legally separated" and I can't file for divorce until then. Ugh. I just want it over with and I can't even file for another 5 months.
Quoting Haileysmom0530:
I'm in this situation. My STBX and I are legally married. He is the one that had the affair that ended our relationship. We haven't been living together since November. We are seperated, but not LEGALLY seperated. As in, there is no paperwork that states we are legally seperated, just seperated by not living together. If I were to start dating now, it wouldn't be considered adultry since we aren't together. We aren't living as man and wife. We aren't living our lives married. Us still being married is just a technicality at this point.
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