Me and my wife have been separated for 6 months but started talking back in feb 2017 since then I’ve gone over once a week and spend time with her and our 3 kids for 3 months now. I also know she has a dating profile online which I have snap shots of it and she has guys spending the night when I’m not there. My ? Is we can’t start the divorce proceedings till next feb know cause of the yr mark started over cause of all the time we have been spending together but is it considered cheating if still married but half/ half separated?
You will have a claim for alienation of affection and a case for the marital misconduct ground of illicit sexual behavior if you can prove that your wife was seeing other men, among other requirements, during the marriage (before the date of separation). You can use events that happened after the date of separation to corroborate events that happened during the marriage. The date of separation is key. This is the date that you intended to live continuously separate and apart without a resumption of the marital relationship.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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