Dating a separated man with a child
Had Bill Clinton said, “I did not commit adultery with that woman” of Monica Lewinsky, rather than “I did not have sexual relations with that woman”, he would have been correct. That it isn’t adultery if you have already separated from your spouse.If your spouse has sexual intercourse with another while married to you, it is adultery.In England and Wales, a divorce can only be obtained when a marriage has irretrievably broken down and it can be proved by at least one of five specific facts, set out in the divorce petition.Adultery is one of the five facts that can be used to prove a marriage has broken down irretrievably, and it seems to be pretty common.My advice is always to act with dignity and concentrate on other issues in the divorce such as the children and finance.You can still seek the costs of the divorce suit (although not finances and children matters, which are separate) from your spouse.
However it causes confusion because people think the term is wider than it is, when in fact it is precisely stated in law.
It is still adultery, if the other party is still married to somebody else at the time.
And if one party has been raped, is under 16 or if consent has been obtained by fraud, sexual intercourse in any of those circumstances is not adultery.
You may desperately wish to do this and publicly name and shame the other person. If your spouse has admitted to adultery, there is no need to name the third party.
Yes, doing so may make you feel better – but it will complicate matters, increase costs all round and risk incurring the judge’s disapproval.