Dating After Legally Separated

Welcome to the North Carolina Divorce Legal Issues Forum. Please post your topics and questions for discussion. Our attorneys WILL RESPOND to the posted issues. It may take several days for a response to be posted by our attorneys.

Moderators: LeeRosen, Kathleen Putiri, Erin Clarey, Lindsay Willis, Ryan Short

Dating After Legally Separated

Postby girlfriend » Mon Aug 17, 2009 5:30 pm

What does the law say about dating after being legally separated?
girlfriend
 
Posts: 6
Joined: Mon Aug 17, 2009 4:15 pm

Postby comingclean2 » Mon Aug 17, 2009 7:26 pm

You can date....but don't have sex....

If your STBX finds out you're having sex, then that sets up that 3rd party to be sued for criminal conversation.
comingclean2
 
Posts: 380
Joined: Mon Jul 21, 2008 8:26 am

Re: Dating After Legally Separated

Postby Breewyn » Mon Aug 17, 2009 8:31 pm

I asked a virtually identical question a couple weeks ago. Here is a repost of my question and Ms. Clarey's response:

Me:

My wife and I are negotiating a separation agreement and one of the clauses we discussed was being able to proceed with our lives in a manner as if we weren't married. In other words, we agree we should each be allowed to date and be intimate with others.

I was under the impression that NC law states that even if you're separated, it is still considered adultery. Is that indeed the law written in stone, or is it the sort of thing where both people can agree they are allowed to date others?


Ms. Clarey's response:

You are correct. Adultery is still a crime in this state, and you cannot agree to commit a crime, however in so far as the rights between spouses any agreement that states you may live as if you were unmarried will prevent your spouse from coming after you and using adultery to bolster and alimony claim.
Breewyn
 
Posts: 21
Joined: Sat Jun 06, 2009 12:45 am

Postby whyme2009 » Wed Aug 19, 2009 3:41 pm

You may want to investigate house bill 1110 which goes into effect on Oct 1.
whyme2009
 
Posts: 225
Joined: Sat Aug 08, 2009 2:17 pm

Postby Golfball » Thu Aug 20, 2009 2:58 pm

However, HB 1110 still won't make it any easier to negotiate with your STBX.

If you do date during separation (even if there is no boinkage), you still run a serious risk of alienating your STBX and making things more expensive/difficult/painful.
Golfball
 
Posts: 154
Joined: Fri Feb 09, 2007 6:59 am


Return to Legal Issues - ATTORNEYS WILL RESPOND

Who is online

Users browsing this forum: No registered users and 2 guests