Legal Separation and Dating in NC?


#1

My Husband and I separated about two months ago…I have had a separation agreement drawn up and had mine notarized…However he has not signed his but we do agree on all stipulations in the agreement…
My questions at this point

1.Am I "Legally Separated"
2.Am I free to now date whomever I want?
3.What affect would dating during my separation have on the outcome of my divorce??


#2

There is no legal separation in North Carolina as the state does not recognize living separate and apart as a legal status. Your physical separation must continue for one year prior to filing for divorce, upon entry of a judgement of divorce you will have a change in your legal status and become single again.

I do not recommend dating until your husband signs the Separation Agreement before a Notary Public. While dating during separation is not illegal it can have the effect of stalling a settlement of all issues, as one spouse or the other can have negative feelings directed at the spouse who has moved on.

If you already have a settlement in place dating will not affect your divorce.

Adultery (having sex with someone other than your spouse) is still a crime in this State, but having a relationship with someone other than you spouse is not.


#3

Hi Erin,

You said, “Adultery (having sex with someone other than your spouse) is still a crime in this State, but having a relationship with someone other than you spouse is not.” Since the CC/AofA laws have changed (October '09), how is it still a crime?

I did a little digging and found that adultery is a class 2 misdemeanor in NC. How frequently does the state actually prosecute these cases? Is it rare?


#4

Adultery is seldom, if ever, prosecuted. Most of the time, adultery will make no difference anyway. Since most divorces are settled out of court and it appears you are trying to follow that route, adultery will make no difference whatsoever. The only time it might matter is if you go to Court and get a judge who is ticked off about the issue. If you are the dependent spouse and your ex commits adultery and you did not, you are entitled to alimony. That, of course, is in a Court of law. In a separation agreement, you can do whatever it is you want. Whatever you agree to do. I know of a case where both parties were guilty of adultery. The wife was the dependent spouse and therefore, not entitled to alimony or in Court, the judge would have had to decide since both parties were guilty. Well, their divorce was settled out of Court and she received whopping alimony and whopping child support.


#5

oh, and for the record. My case was “heard”. I was the dependent spouse and not guilty of adultery. My ex was guilty with an admission. The judge refused to allow the issue of adultery to be admissible in Court. Would not even hear it. I received minimal alimony…a token payment.