Agreement notarizied between ourselves for seperat


#1

Adultery is a crime in North Carolina. That means until the date that you are divorced if you have a sexual relationship with someone other than your spouse you are committing the crime of adultery. This is not affected by the existence of a separation agreement or court order and you and your spouse cannot give each other permission to violate this law.

Dating is generally not a problem. It is generally a good idea to wait until you have resolved your support and property issues before you begin to date. If your Separation Agreement addresses those issues, then you should not incur any problems from simply dating.

The brief reconciliation that you had with your spouse would not have an impact on dating, but it may impact the validity of your Separation Agreement. I cannot tell you specifically if it would without looking at the terms of the Agreement.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

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Suite 510
Charlotte, NC 28262
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Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
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ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

My spouse and I wrote up and notorized a document for us to become seperated.
Our 1 year is coming to an end.
I have 2 Questions. During a seperation (acknowledged by two parties but not put thru the judicial system) Can you go out or date (have dinner) with a person of the opposite sex during the one year seperation. Is that grounds for adultery.
My 2nd question is during the last few weeks we were trying to get back together-he once again became abusive and I had to involve the police. since we became intimate can he try to go after the adultery daying that we really were not seperated.
If anything needs to be clarified let me know.

angela Leinweber