During a separation pending divorce in which both live separately, can one “cheat”?
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During a separation pending divorce in which both live separately, can one “cheat”?
We have both agreed to a divorce. The paperwork for a dissolution is already in the works. I’m currently dating someone else and my soon-to-be dreaded ex keeps bringing up the idea that “we’re still technically married”. Could he hold my relationship against me in any way during the divorce? We have one minor child.
Asked on September 3, 2011 under Family Law, Ohio
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The generally answer is yes. It is never advisable to be in a relationship during the pendency of a divorce proceeding because inevitably it can turn ugly and the other spouse could use it against you. This is especially true when minor children are involved and the court considers the health and well-being of the children first. In Ohio, it appears you are in an at-fault state, which means divorces can be granted for among other things, adultery. It can absolutely therefore be considered cheating in the sense of using the legal term of adultery while you are still technically married. There are public policy reasons for this that you would not be able to overcome per se. It may be advisable to speak with your divorce counsel about the likelihood of this issue having an absolute and detrimental impact on your divorce proceedings and support proceedings.
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