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In states where legal separation involves a court proceeding similar to and as complicated as divorce, or when spouses have signed a separation agreement and want to begin dating, it might make sense for them to simply divorce instead, so they can move on with their lives.South Carolina is not a progressive state when it comes to divorce.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.
If you do, it’s bigamy – unless you honestly believe that your first spouse divorced you or died.
If a married but separated man takes a woman out for dinner, but drops her off at the end of the evening and goes his own way, it’s generally not adultery. If he dates that woman repeatedly and they begin spending time together in each other’s homes, this can open the door for his spouse to claim the affair is adulterous because sexual contact might be taking place.
In some states, adultery is a crime, although it is rarely prosecuted.
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.