Definition of "Marital Relation"


#1

From the Rosen website:


#2

Dear tcahoon:

Greetings. Isolated incidents of sexual relations does not equal reconciliation or resumption of the marital relationship, however it is evidence that a resumption may have occured. Thank you

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.


#3

What is the definitio of “Isolated incidents of sexual relations”? My wife has treatened yet another separation. We have been having troubles since December of 2005. We have been having sexual relations on and off for the past four months. Until recently, she has moved into the a separate bedroom and we have not had relations for the past two weeks.

If she tries to Divorce me for reasons of “Bed and Board” can I claim she has foregiven me for my past mistakes because we have continued with the resumption of marital relations after she found out about my transgressions in November/December of 2005. We actually had sessions with a marriage counselor and been working on our problem for sometime.

I look forward to a response.

Howlingwolf

quote:
[i]Originally posted by JanetFritts[/i] [br]Dear tcahoon:

Greetings. Isolated incidents of sexual relations does not equal reconciliation or resumption of the marital relationship, however it is evidence that a resumption may have occured. Thank you

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.



#4

Can someone please explain “Resumption of Marital Relation” and is it truly accepted as a valid defense in North Carolina. My wife has forgiven me and we did resume marital relations. Now she has a change of heart and is trying to take me to the cleaners.

Concerned Husband


#5

Dear howlingwolf:

Isolated incidents of sex mean just that - sex once or twice alone after the date of separation is not a resumption of the marital relationship. Without speaking with you about all the facts, there is no way for an attorney to evaluate whether or not you resumed the marital relationship - as this is a case by case analysis type of situation. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.


#6

“She moved into a seperate bedroom”? If your still living in the same house there has not been a seperation and therefore marital relations cannot resume because they never ceased.

Sounds like she is having trouble moving past your mistakes(understandable). I suggest you both seek counseling seperatly and as a couple.

Regards,

jnewman


#7

jnewman is right - I must not have read the entire post thoroughly. Thanks

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.


#8

Thanks for all the responses, but I am still a little confused. Because now my wife has decided to leave and she has filed for a divorce under the premise of “Bed and Board”.

Since we were attending marriage counseling and continued to live together for 5 months before she left the residence. Is “condonation” a valid defense since we were trying to work through all the issues and repair our marriage.


#9

When listing the date of seperation, a general clause that follows in most seperation agreements state “at no time have they resumed the marital relation which formerly existed between them”. My question is, a friend of mine in Alabama had this brought up in her divorce proceedings and her ex-husband charged that they had sexual relations one night approximately six months after seperation. They did not move back in as husband and wife as this was a one night event. The Alabama judge ordered they had to wait twelve months from the one night event, that it constituted “marital relations”. Can you advise how NC interpets the phrase “at no time have they resumed the marital relation which formerly existed between them.”