There is a difference, however, between consenting and giving in to something you cannot avoid.Desertion is not a crime, so if you leave your spouse you cannot be criminally prosecuted for it.My preference as the attorney is that my clients don’t date until they are divorced (or at least until they have a final order of separate maintenance): a client who doesn’t date is not going to create any dating-related complications in his or her case.However my clients often want to explore new romantic relationships. However paramour exposure prior to divorce, especially overnight paramour exposure, can be a factor in custody.Your own conduct is very important if you wish to succeed in getting a divorce on fault grounds of adultery and actual or constructive desertion.You must not be guilty of any misconduct which would justify the desertion. If you consent, it would constitute a voluntary separation.If Your spouse's conduct does not warrant your leaving, he or she may be able to sue you for actual desertion.Therefore, absent physical abuse, it would be wise to consult your lawyer before leaving home.
The significance of committing adultery also varies from state to state.
The wife filed for divorce based on husband’s adultery.
Subsequently, the wife obtained a protective order against the husband.
For the spouse seeking alimony, adultery can act as an absolute bar. The supported spouse can incur significant fees in defending that claim. Code § 20-3-130(C)(10) reads: In making an award of alimony or separate maintenance and support, the court must consider and give weight in such proportion as it finds appropriate …
Even for the supporting spouse, dating can pose a danger on alimony. (10) marital misconduct or fault of either or both parties, whether or not used as a basis for a divorce or separate maintenance decree if the misconduct affects or has affected the economic circumstances of the parties, or contributed to the breakup of the marriage, except that no evidence of personal conduct which may otherwise be relevant and material for the purpose of this subsection may be considered with regard to this subsection if the conduct took place subsequent to the happening of the earliest of (a) the formal signing of a written property or marital settlement agreement or (b) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties. However the opinion does not discuss how it affected the family court’s award.