Some states consider a couple legally separated when they have signed a separation or marital settlement agreement and relocated to separate homes.
A separation agreement is a binding contract, but the contract is between the spouses and doesn't involve the court until they’re divorced and it becomes part of a decree. In other states, legal separation is a process similar to divorce.
Dating might be adultery before a divorce is final -- but it might not be.
The significance of committing adultery also varies from state to state.
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.
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.
However, according to World Magazine, on September 28, the week before he filed, he traveled with Denise Joseph to an event where he introduced her to some people as his fiancée.
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