Is it adultery if the cheating occurs after separation, but before the divorce?

Answer is YES.


Because adultery constitutes a ground for divorce in Tennessee, and the spouse asserting this ground has the burden of proving it. It takes more than a mere separation of the parties to terminate the legal obligations voluntarily assumed in a marriage. Because of this, acts occurring after the separation can constitute grounds for divorce. If post-separation adultery is not a ground for divorce, then any spouse is privileged to “move out” of the marital home and cohabit with another without creating a ground for divorce.

Why does it matter?

Divorce is a lawsuit. Therefore, a plaintiff must prove their case. Fault in a divorce can be considered in factors of dividing assets and in child custody.  It is a big deal. People are still married until the Judge signs that Final Decree of Divorce. What happens until then matters.


Cartwright Law, LLC