In states that recognize legal separation, the couple is still legally married until a final divorce, but husband and wife live separately and may work out separation agreements and property settlements to cover issues such as sale of a house, custody of children and whether alimony will be paid.
Your name is likely to be used in the court documents if his wife sues for divorce on the grounds of adultery.
Adultery is still a crime under state law, a misdemeanor punishable by a fine, although it is rarely prosecuted.
Some states recognize "legally separated" as a status between married and divorced. In this state, anyone who wants a court-recognized separation may file for a limited divorce, which is essentially a legal action designed for couples who do not yet have grounds for an absolute divorce, need financial relief and have not been able to work out their differences privately.
Important point: The man (or woman) on the dating site is still legally married, although living apart from his or her spouse.
The definition of adultery in state law requires some intercourse between a male and female, which leaves the question open whether a spouse could sue for divorce if one of the separated partners engaged in intercourse with a same-sex partner.
Adultery with an opposite-sex partner means husband and wife will not have to wait to obtain a divorce. Legally Separated's wife pleads and proves adultery, divorce can be granted immediately.
His adultery may be a factor in determining whether his wife has the right to alimony and in awarding custody of the children, if the judge determines that his adulterous behavior had a detrimental effect on them.
Disposition may be shown through evidence that the two of you have been going out, appearing in public together.
Opportunity is generally evidence that the two of you spent the night together.