would you not consider a marriage where one of the partners is having extramarital sex and telling someone else they love them and choosing to spend their time with them over their spouse effectively ended?
So you would then.
I am not of the school, of the uneffective, believe none of what they say and half of what they do.
If my wife told me she wants a divorce. Then I would think, she does not want to be married to me. I am not going to go through life thinking she really didn't mean it when she is walking in a different direction to me. That would be inefficient.
Likewise, if I slept with another girl, the assumption of exclusiveness would be ineffectual.
In effect, a signed piece of paper is a legal binding document. But I said 'I do' on Trapper Peak in a freak thunderstorm before a woman who owned 17 cats and didn't sign anything till I move to the state with the governor who paid people to have sex in front of him with follow by an election fueled by controversy over homosexual or gay marriage. legally?