If a married couple is separated but not legally separated and one has sex with a third party is that considered adultery?

Question

If a married couple is separated but not legally separated and one has sex with a third party is that considered adultery?

Answer

California is a no fault state, which means that a person may have sex with a third party while living with their spouse, living apart from a spouse or being legally separated is not relevant in a divorce proceeding. Additionally in order for a couple to be separated, one spouse only needs to state unequivocally that they intend to leave the marriage for the marital community to end. Adultery is an older term which may have validity in other states, but no bearing in California.

Answer

California is a no fault state that allows divorces based on irreconcilable differences. Adultery as a legal claim no longer exists and has not since 1971.

Answer

Adultery is only an issue if one of the parties to the adultery is in the military. In that situation, they are subject to the Uniform Code of Military Justice, and adultery is a violation of Article 134, known as the general article.