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In states where legal separation involves a court proceeding similar to and as complicated as divorce, or when spouses have signed a separation agreement and want to begin dating, it might make sense for them to simply divorce instead, so they can move on with their lives.

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In some cases, it can even tip the scales when child custody is in dispute. These precedents updated the state’s treatment of marital property in divorce.

Mississippi divorce law changed significantly in 1994, when the Supreme Court handed down two important decisions in the cases of Ferguson v. Mississippi is an equitable distribution state, so property is not necessarily divided 50/50 between spouses.

Legal separation can mean different things in different states, so it should come as no surprise that the laws regarding dating after legal separation are also somewhat inconsistent.

To further complicate matters, the Uniform Code of Military Justice has its own laws regarding adultery among members of the United States military.

One spouse must file a petition with the court and a judge decides issues of property, support and custody, much as he would in a divorce.

At the end of the litigation, the court issues a decree of legal separation.

However, just a few years ago, life for Audrey was very different.

“My single years were spent trying to find myself,” she says. I didn't have a desire to drink myself into oblivion but the attention of someone -- anyone -- was what I craved,” she says.

If a married but separated man takes a woman out for dinner, but drops her off at the end of the evening and goes his own way, it’s generally not adultery. If he dates that woman repeatedly and they begin spending time together in each other’s homes, this can open the door for his spouse to claim the affair is adulterous because sexual contact might be taking place.

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