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In states that still recognize fault-based divorces, adultery has more of an impact.
If a man begins dating during a legal separation in one of these states, and if his wife can prove that the relationship is sexual in nature, she can usually file for divorce on grounds of adultery.
Some states consider a couple legally separated when they have signed a separation or marital settlement agreement and relocated to separate homes.
A separation agreement is a binding contract, but the contract is between the spouses and doesn't involve the court until they’re divorced and it becomes part of a decree. In other states, legal separation is a process similar to divorce.
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Bigamy occurs when a spouse knows he's still married and marries again.
If a spouse commits adultery prior to the beginning of the separation, it affects issues of alimony.
The law is firm that you can't get married if you're already married to someone else.
If you do, it’s bigamy – unless you honestly believe that your first spouse divorced you or died.
One spouse must file a petition with the court and a judge decides issues of property, support and custody, much as he would in a divorce.
At the end of the litigation, the court issues a decree of legal separation.