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In North Carolina, cohabitation is a misdemeanor criminal offense. It is not legal for unmarried persons of the opposite sex to “lewdly and lasciviously associate, bed and cohabit together.”
In civil family law matters, cohabitation will terminate a supporting spouse’s obligation to pay post-separation support alimony.
Lara Stanford Davis
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668
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.
Questions: Is there more definition to cohabitation? For instance, what is the duration? One night? Multiple nights? Are there any requirements to define when one is cohabiting? What is the usual burden of proof by the supporting spouse when challenging cohabitation of the receiving spouse in order to terminate support alimony?
Quoting from a previous response…
In North Carolina, cohabitation is a misdemeanor criminal offense. It is not legal for unmarried persons of the opposite sex to “lewdly and lasciviously associate, bed and cohabit together.”
In civil family law matters, cohabitation will terminate a supporting spouse’s obligation to pay post-separation support alimony.
Dear S.S. Williard:
Greetings. Cohabitation must be determined by the circumstances of each case. In a child custody case, an overnight with a non-related member of the opposite sex may be enough for cohabitation, while that may not be enough for alimony. It depends on each case. If you give us some more facts, we may be able to give you an idea. Best of luck.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668
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.
my wife of 22 yrs left me on Monday 10/27/03 to go and be with her lover/boyfriend in Kansas. my question is what could i do about a seperation and what kind of charges of cohabitation could i have brought and what kind of proof do i need to have for this.?
mike robinson
Dear Fiddlemikey:
Greetings. You may have a case for alienation of affections, depending on how your spouse and her new boyfriend got in contact, etc. Your best option right now though is to have a separation agreement drafted for you by an attorney and negotiate a settlement. Best of luck!
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668
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.
Is it legal to cohabitate in North Carolina?