It is legal to date while separated. If your wife sees you it’s likely to be uncomfortable at the very least and has the potential to be very ugly, but it is not held against a person separated to be dating.
It is still illegal in NC to have sex with someone other than your spouse while you are still married, regardless of whether you have separated or not. But adultery is rarely prosecuted.
You can date during your separation, however if you are a supporting spouse you should be careful that dating does not subject you to allegations that you were involved in an extra marital relationship. It is best to wait to start dating until you have resolved all of your financial and property issues.
Adultery is still a crime in this state. It is a crime if you engage in a sexual relationship with someone other than your spouse until the date that you are divorced.
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
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
This is interesting because my spouse is now involved with a guy and I have been confirmed by her that one act of marital misconduct has occured. I now know that the guy she’s involved with now is staying overnight with her in front of my kids. I’m mad at the same time confused on what to do?
Corey B. Patterson
If your spouse is separated and engaged in a sexual relationship you can sue them the third party for criminal conversation, in addition law enforcement may bring charges against them. This crime is generally not prosecuted.
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
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Will the court hold it against me if i decide to date another woman during our seperation? For instance, if i’m on a date and my wife sees us.