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The law is firm that you can't get married if you're already married to someone else.
If you do, it’s bigamy – unless you honestly believe that your first spouse divorced you or died.
Some states, such as New Jersey, call this a divorce from bed and board.
However, spouses are still legally married when they separate by this method. Adultery requires that sexual contact exists between a married individual and someone other than his spouse.
Under the terms of the Uniform Code of Military Justice, adultery is a criminal offense.
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.