Currently separated dating
However, the timing of the adultery may be considered.
Adultery in the military is punishable when it is construed as morally wrong.
In some states, adultery is a crime, although it is rarely prosecuted.
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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.