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Dating might be adultery before a divorce is final -- but it might not be.The significance of committing adultery also varies from state to state.
Under the terms of the Uniform Code of Military Justice, adultery is a criminal offense.
Some states, such as New Jersey, call this a divorce from bed and board.
However, spouses are still legally married when they separate by this method. Adultery requires that sexual contact exists between a married individual and someone other than his spouse.
Another defense exists under General Statute 52-13, which allows a defendant to prove that an act giving rise to the claim for “alienation of affection” or “criminal conversion” occurred after the date of separation.
Essentially, if you can prove that the relationship did not begin until after you separated, it hurts your former spouse’s claim that your boyfriend or girlfriend caused the marriage’s end.