It is not adultery if you have already separated If you engage in a sexual relationship with someone while you are still legally married, it is technically adultery even if you and your former partner do not live together anymore and are no longer emotionally or physically in a relationship.
What happens if your married but separated?
Separation means that you are living apart from your spouse but are still legally married until you get a judgment of divorce. Although a separation doesnt end your marriage, it does affect the financial responsibilities between you and your spouse before the divorce is final.
How long does it take to divorce for adultery?
Adultery can be used as the basis for a divorce petition whether you and your spouse are still living together or have separated. Not more than six months must have elapsed since you became aware of the adultery before the petition is sent to the court, unless the adultery is continuing.