This is a question I am frequently asked; and although the technically correct answer is “yes,” my advice is usually “NO!
” Such advice, however, bears further clarification of context, as follows.
Under the common law of criminal conversation, the mere act of having sexual relations with a married person (even if that person is separated) constitutes an act of criminal conversation under the civil law.
In at least one case in which I represented a client, an individual met a former spouse for the very first time after she separated.
Dear April Masini," I’m almost divorced, and I can't wait to get out there and start dating. Do you have any tips or advice for dating during the divorce process? It may be, but if you play by the rules, you’ll save yourself a lot of heartache, stress on your kids – if you have them – money and wasted energy along the way.
While the alienation of affections claim was eventually dismissed, the judge ruled that criminal conversation would still be subject to a trial by a jury, despite the fact that this individual met this woman for the first time after she was separated.
If you are being represented by an attorney in an ongoing domestic matter and are considering entering into a dating relationship before you are divorced, you should discuss all of the ramifications of that decision with your attorney before you follow through with your plans.