The intent is created by simply one person wanting the divorce to occur. Now by NC statute, any act involving sexual relations with a person who is married, but separated from his or her spouse with the intention that the separation be made permanent, shall not constitute criminal conversation. Creating further complications should be avoided in any divorce regardless of your circumstances. First, you must be separated from your spouse before you start dating. Make Your Separation Official In Pennsylvania, spouses are required to live apart for at least a year before they can file for a divorce.
If you are suspicious of where the line between dating versus a case for adultery exists, at least take the time to talk with your family law attorney.
During the mandatory separation, you are allowed to work out a custody agreement for your minor children, and you may be able to receive child support and even alimony. You may find that you prefer to live without your spouse, but you are still yearning for the company of another adult.