Hello and welcome,
Yes, technically this constitutes adultery since you remain married and are not divorced. Adultery is one of the grounds for divorce in the state of OH, so it can provide a basis to seek a divorce, but would not typically be considered in determining custody or property division issues.
Ohio’s legislative code does not give a specific definition for what constitutes adultery. However, if a married individual is willingly intimate with someone who isn’t his spouse, it’s unlikely that a judge would rule that he/she didn’t commit this ground for divorce. “Intimate” could mean sexual intercourse or unspecified sexual relations. As a legal definition, the concept of adultery is based on the perpetrator’s marital status, so a post-separation affair would count, too, if the individual is not technically divorced yet.
Here is a link that provides additional information:
It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time.
Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger.
Thank you very much and all the best to you,
Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have: