Some states, such as New Jersey, call this a divorce from bed and board.
However, the timing of the adultery may be considered.Adultery in the military is punishable when it is construed as morally wrong.If the adultery occurs after the date of separation, it does not.Under the terms of the Uniform Code of Military Justice, adultery is a criminal offense.Dating before a divorce is final is one of the typical issues that causes heightened conflict during a divorce.
The other spouse, if they are not dating, may develop the idea that the dating spouse was committing adultery even if that idea hadn't surfaced before.
In North Carolina, unless one spouse is clinically insane, couples can only file for divorce after a one-year separation period.
If a spouse commits adultery prior to the beginning of the separation, it affects issues of alimony.
This is especially true if the dating spouse begins cohabitating with their new partner during the divorce process.
Some states have laws stating that a spouse cohabitating with a parter of the opposite sex is presumed to have a decreased need for spousal support.
Some states consider a couple legally separated when they have signed a separation or marital settlement agreement and relocated to separate homes.