Mellanie, this is only when a D has been filed on adultry charges. In my state, if you continue to have sexual relations with your H after you have filed on these charges and it is brought up in court (which I am sure it always is, given the charges) that is considered some sort of "reconcilation" and the charges are disgarded. I don't know of other states, but I would think that is pretty consistent in the US. I would definitely discuss this with my lawyer...going to court about this is not going to easy, so just have your ducks in a row. They will ask you if you are continuing sexual relations with your H, even in light of an affair going on with your knowledge. My lawyer would tell me this..."If you want to file adultry charges, don't sleep with him." So just be careful what you do and talk with your attorney.