You can date. The catch to this is however that unless you have absolute divorce, you are not legally allowed to have sex with another person other than your spouse. Even with separation papers stating that each party may act as though they are not married, legally you still are so it would be considered adultery, which is still illegal in NC.
My husband’s ex bragged about having sex to him with her boyfriend to find out if we had been together before they got their divorce. He never gave that information. In court, she was asked on the stand how many people she had had sex with since their separation, and the answer was 4. When he got on the stand, he lawyer asked him the same question and he told them only me. In this case, by both of them being in another relationship they more or less gave their consent for the other to have sex with someone else.
The key is that the STBX must have knowledge and give consent to you having sex. This would be the scenario more or less if he is also in a relationship. If you can, talk to him and let him know that you have met someone and are going to date. See what his reaction is to that. That way you should be able to gage what the result would be if and when you decide to be intimate with someone else.
Hope this helps.
My soon to be ex husband and I have been living in seperate households since July. I have recently found someone. My question is this. Can I date? Can I be with someone else? In the seperation agreement it states that “each shall be in the same position as if such party were single or unmarried.” Now, when it states this it was talking about property. It was under mutual release. I want to be free to do as I please. Is that possible? Can I put it in the agreement that each is allowed to see other people? What can I do? PLEASE HELP!