Dating each other while separated
Although many people move out when they separate, others separate and remain living under the same roof.A physical separation is not necessary to separate; there must simply be an intention to end the relationship and the intimacies and mutual support that a committed relationship usually involves.That same chemistry is there, and you find yourself in a position to consider remarrying your ex-spouse. As with all marriages, the answer lies in what both partners are willing to do to make the relationship work for the long haul.Statistics for restored marriages, where ex-spouses remarry each other, may be somewhat surprising.Having a separation agreement alone does not create a legal separation.In North Carolina, you cannot live in the same residence and be legally separated.
There are three distinct elements to the crime of adultery under the UCMJ: first, a Soldier must have had sexual intercourse with someone; second, the Soldier or their sexual partner was married to someone else at the time; and third, that under the circumstances, the conduct of the Soldier was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.
Fort Gordon, Georgia -- Almost every week at the Legal Assistance Divorce & Separation Briefing, we receive the question, “If I am legally separated and start dating, can I get in trouble in the military for adultery?
” Since the formal legal process of divorce can last months (or sometimes years), this question raises an important concern for anyone in uniform who is pending a divorce.
See "divorce, grounds of.", the rules relating to reconciliation, and some of the other issues you may want to consider once you have separated or have decided to separate.
The information applies to married spouses and unmarried spouses.