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The court stated in criminal conversation is based on the fact that the parties are married at the time and is based on the policy that spouses have the legal right to exclusive sexual intercourse with each other even if they are legally separated.

Therefore, the fact that the married parties took legal action to become legally separated would likely indicate to the court that there was no genuine love and affection that existed between the married couple at the time of the actions of the third-party.

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