Different states have different family law about when the marriage became "irrevocably damaged," etc., and when "separation" occurred, etc. Some even will interpret a betrayed spouse's voluntary LMing with their cheating spouse as being their tacit approval, and therefore nullifying their opportunity to file for D on grounds of adultery, providing the betrayed spouse knew about the infidelity at the time they re-consummated their marriage.
I'm not attorney, and not all jurisdictions make this difference, but some definitely do. Certainly worth discussing with your atty.
Puppy
Ah ha. I see now. I have not had sex with wife since I found out EA/PA. I don't think I could now anyways until we actually reconciled..and OM is out of the picture.
Still best to be informed about its legalities there. She may attempt it at some point, and -- as "the flesh is weak," as they say -- forearmed is forewarned.
