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.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.The couple has given up the right to have sexual relations with each other. The answer may depend on how platonic the relationship will be.But neither has the legal right to remarry until they receive a final divorce, and if either has sexual relations with another person, that is adultery. If you and he have voluntary sexual intercourse, that is a fault ground for divorce, and his wife may choose to use it.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.
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.