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Good day, my name is Brandon. I am a licensed attorney. It's entirely possible for an "at fault" cause to arise after separation and before 1 year has passed. Starting separation doesn't mean that fault can't arise during the separation -- the parties are still legally married during that year, and the entire purpose of mandating separation before divorce is to make sure that reconciliation isn't possible.
"Being in a relationship" isn't enough, though, unless there's actual adultery. Do you know if your husband has actually consummated his new relationship?
The issue with having signed a separation agreement is that it usually prevents adultery from being considered for purposes of alimony or separate maintenance and support. For example, if a husband commits adultery during the marriage, that usually precludes him from collecting spousal support. However, if the adultery occurs after the signing of a separation agreement, the adultery will not impact a right to collect spousal support.
Does that make sense?
I'm glad that you provided that. What sticks out to me in this agreement is the following clause: "we mutually intend this agreement to be a final disposition regarding the marital issues addressed herein..." Whether a divorce is "at fault" or "no fault" is generally considered a legal "marital issue". Your husband has an argument there.
Legal separation is different from merely having a separation agreement. In states that recognize legal separation, the legally separated married parties are recognized as having a distinct and separate legal status from one another. A separation agreement is more like a contract -- the state doesn't deem the parties separated, but they have contractually agreed to certain things that function like a legal separation. Adultery is still possible, but if the contracting parties have agreed to treat their separation as no-fault, that would generally trump any "fault" that arises during the separation. Does that make sense? Incidentally, I definitely understand wanting to get this behind you sooner than later-- have you considered talking to him about reaching a agreement that allows for "at fault" divorce but has no other impact on either of your legal rights?
Because the nuances of every case are different, this information should not be relied upon as complete or advice without consulting in person with an attorney who has been able to review your entire case. I don't mean to be overly cautious, but professionally I need to say that just in case there's something out there that I'm missing. That said, the resolution of all marital issues generally means that all marital issues, including the legal basis for a divorce, are resolved.