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In such situations, one party may invite friends or family to stay as semi-permanent overnight house guests, in the hope that this will drive the other party so insane that he or she will give up and move out.And even if you don't, now there are hostile witnesses in your house who will write affidavits complaining about your every move. The best counter-measure is to invite your own guests over to serve as support-persons and witnesses of your own.Under the terms of the Uniform Code of Military Justice, adultery is a criminal offense.However, the timing of the adultery may be considered.Spouse #1 argues that for the sake of continuity and stability for the children, he or she should be awarded custody of the children and exclusive occupancy of the homestead. Spouse #1 moves there first to find housing and get situated.Lesson: don’t agree to trial separations without first consulting a lawyer, as it will be very important to arrange the trial separation in a way that doesn’t prejudice your rights should you still end up in divorce. Spouse #2 promises to join Spouse #1 at the end of the school year (or some other future time).To further complicate matters, the Uniform Code of Military Justice has its own laws regarding adultery among members of the United States military.Dating might be adultery before a divorce is final -- but it might not be.
Legal separation can mean different things in different states, so it should come as no surprise that the laws regarding dating after legal separation are also somewhat inconsistent.It would depend on the opinion of the officers conducting the inquiry.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.In some states, adultery is a crime, although it is rarely prosecuted.In states that still recognize fault-based divorces, adultery has more of an impact.