Legal Question in Family Law in Kentucky

Is it Adultry?

Me and My husband have been seperated (not legally) for almost a year now. He is seeing other people and i have decided that i would like to also. We have decided on getting a divorce now, but my main concern is, if the divorce is lengthy and complicated, wont seeing other people be grounds for adultry? What are the statutes for this? I have this concern due to i have temporary custody of my two minor children. I do not want to jeapordize this.


Asked on 4/17/03, 1:51 pm

1 Answer from Attorneys

Philip Owens Philip M. Owens, Attorney at Law

Re: Is it Adultry?

Adultry during the marriage leading to the breakup may be relevant in some cases in determining alimony, use of marital residence, etc. In your situation, I do not think that it would be a factor. You are separated, so your dating other people by itself would not be relevant. What would be relevant is how you conduct yourself in the relationship. During the separation it is usually not good to have a "live in" around children. If you are the custodial parent then your relationships must be conducted responsibly, i.e. the children come first. No wild parties, etc. I find that most problems arise when the relationship becomes serious and the other person steps in between you, your ex and the children. This creates a strain on the divorce process that is not needed. Keep the relationships on a low key. DO NOT LET THE NEW PERSON INTERFERE OR BE PERCIEVED TO INTERFERE, IN THE RELATIONSHIP BETWEEN THE SOON TO BE "EX" SPOUSE AND THE CHILDREN. You cannot let the new relationship come between you and the children, so that the children think they are taking a back seat. It would be best if the new person kept his/her distance from the children, expecially during special events at school, ballgames and holidays. Remember, divorces are harder to make work than a marriage.

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Answered on 4/17/03, 5:11 pm


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