Dating


#1

Yes, you are allowed to date during separation. No, you can not legally have sex with someone other than your spouse even during separation (Doesn’t mean it doesn’t happen). It will only “count against” you if the person you are dating and have around children is abusive or there is criminal behavior going on in front of children…


#2

Yes, you can date. However, it might not be a good idea, if you are seeking alimony and get involved in a relationship very shortly after the separation then you may raise suspicions that this relationship began before the separation. You should also be aware that adultery is a crime in this state and if you have a sexual relationshp with someone other than your spouse before you divorce you could face criminal prosecution.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

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

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 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.


#3

How does one go after criminal prosecution in this matter. Why aren’t more people prosecuting spouses for adultery. My spouse has had numerous affairs, most current proven. That means I can prosecute him? Just curious how this works

ldb


#4

A criminal prosecution can only be done by the state. The state must decide to press charges against your Husband and pursue a criminal conviction.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

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

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 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.


#5

I have never heard of a case of the state pressing charges against a spouse for adultery. Maybe decades ago. If that were the case then my STBX would be toast. Living with her boyfriend and all for the past year.


#6

I have also never heard of this either. I believe, sadly, that the state has more important things to prosecute than adultery…not sure what the punishment would be regardless…it’s not like people in this day and age would be ashamed to wear a big red letter A. [V]


#7

I have been separated for almost 9 mos. I will probably end up in a long drawn out divorce. Legally separated. Am I allowed to date or will this count against me. STBX has gf and I would like to get on with my life and date. Can’t get a straight answer of yes or no or the why nots.