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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.However, the timing of the adultery may be considered.Adultery in the military is punishable when it is construed as morally wrong.Some states, such as New Jersey, call this a divorce from bed and board.However, spouses are still legally married when they separate by this method. Adultery requires that sexual contact exists between a married individual and someone other than his spouse.

State law says that the two people involved in the adulterous act must engage in carnal intercourse, but state courts have interpreted this to mean sleeping together or frequent meetings that are intimate in nature.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.Therefore, if the adultery occurred after separation and not before, it may be excusable during a military inquiry.It would depend on the opinion of the officers conducting the inquiry.

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