Is it still adultery if you have already filed for divorce?

As a legal expert, I understand that the question of whether adultery is still considered adultery after filing for divorce can be quite nuanced. It is important to note that the definition and legal implications of adultery can vary significantly from one jurisdiction to another. Here is a detailed analysis of the situation:

### Introduction

Adultery, traditionally defined as voluntary sexual intercourse between a married person and someone other than their spouse, has been a legal ground for divorce in many jurisdictions. However, the legal treatment of adultery in divorce proceedings has evolved over time, with some areas recognizing it as a fault-based ground for divorce and others not considering it at all.

### Filing for Divorce and Adultery

When one spouse has filed for divorce, it signifies the initiation of legal proceedings to end the marriage. The act of filing for divorce does not necessarily dissolve the marriage immediately. Until the divorce is finalized by a court, the parties are still legally married. Therefore, if a spouse engages in sexual relations with someone other than their spouse after the divorce papers have been filed but before the divorce is finalized, it could potentially be considered adultery under certain legal frameworks.

### **Legal Implications of Adultery Post-Filing**

The implications of adultery after filing for divorce can vary:


1. Amending the Petition: In some jurisdictions, if adultery occurs after the filing of divorce papers, the aggrieved party may have the option to amend their petition or complaint to include adultery as a ground for divorce. This can affect the division of assets, alimony, and other aspects of the divorce settlement.


2. Fault-Based Divorce: In fault-based divorce systems, adultery can be a significant factor. It can influence the court's decision regarding the division of property, spousal support, and even custody of children.


3. No-Fault Divorce: In jurisdictions that have adopted no-fault divorce laws, the introduction of adultery as a ground for divorce may not be relevant. These laws allow for divorce without the need to prove any wrongdoing by either party.


4. Moot Point in No-Fault Jurisdictions: As mentioned in the provided content, in no-fault divorce jurisdictions, adultery is largely a moot point. The court does not consider marital misconduct, including adultery, as grounds for divorce.

### Strategic Considerations

When deciding whether to include adultery as a ground for divorce, one must consider the strategic implications:

- Financial Impact: In fault-based systems, proving adultery can lead to a more favorable financial outcome for the aggrieved party.
- Emotional Impact: The introduction of adultery can add emotional strain to an already difficult process.
- Legal Strategy: It is essential to align the legal strategy with the goals of the divorce, whether that be financial gain, emotional closure, or a clean break.

### Conclusion

The question of whether adultery remains adultery after filing for divorce is not straightforward and depends on the specific laws of the jurisdiction in question. It is crucial for individuals facing this situation to consult with a legal professional who can provide guidance based on the local laws and the specific circumstances of their case.

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If you find out that your spouse has begun an affair after you already filed for divorce, you can often amend your petition or complaint to include grounds of adultery. ... Adultery is largely a moot point in these jurisdictions -C you can't allege any form of marital misconduct as grounds for divorce.