Move the girlfriend out immediately and pray the wife doesn’t know about it. Since they don’t have a divorce decree the girlfriend is guilty of criminal conversation and she can be taken to court by the wife. And it is also adultery and he could end up paying alimony. North Carolina law is very clear that married persons can not have sex with another person UNTIL you have a divorce decree in hand…even legal separation documents won’t suffice. Do a search of this forum using the key words “criminal conversation” and “alienation of affection” and “alimony” for previous answers to this question by the forum attorneys.
They should have gotten a seperation agreement. In my seperation agreement it plainly states that both parties may live with whom ever we please as if we were never married.
The legal separation wording you referred to is standard language but it DOES NOT mean you are free to pursue a sexual relationship. Please do a search of this forum…this is one of the most asked questions. You CAN NOT enforce any agreement that contradicts North Carolina law and the law is clear about sex with others prior to divorce. (By the way, NC also has a law about cohabitation…strange that I haven’t seen any questions about that law in the forum!)
If the agreement plainly states we can live with whom ever we choose and both live as if we were never married…then how can that be illegal? Living as if you were never married would mean dating, correct? Why would an attorney put “live with whom ever you choose” in the agreement if it would be considered illegal. I’m just trying to understand. I know my husband has a girlfriend and I also have a boyfriend at this point, we have been seperated for almost 12 months.
Adultery is a factor in an alimony claim. That’s why cohabitation after separation is a bad idea.
Adultery is also a crime in North Carolina. An agreement between spouses does not override or affect the criminal law of the state. That’s why it is still “illegal”.
Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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.
Hi, Quick question here… I have a friend who lives in NC and his ex-wife is in another state, they have a house that is in both names in the other state and she lives there but he pays the mortage. There is no seperation agreement or divorce. We think she just found out about the live in girlfriend that he has. Could this hurt him in the divorce since they have been apart for a couple of years? Both him and the ex work and make very good money and the kids are grown. Any suggestions as to what he should do to avoid hurting himself in the divorce?