Technically adultery is still a crime in North Carolina, therefore a contract between you and your wife does not vitiate the fact that you would be living outside of the law.
As between you and your wife, you can have a document signed and notarized which bars her from filing a claim for divorce from bed an board based on infidelity. However, this would only be applicable if the two of you are still living together.
The only other way your wife could use anything against you as far as the dissolution of your marriage goes, is to bolster her claim (if any) for alimony.
I typically advise my clients not to date during the period of separation. You should wait until you have a comprehensive agreement dealing with the marital property and alimony (if applicable) until you begin dating. This is the only way you can ensure your future relationships will not negatively affect your case.
Erin E. Clarey
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
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
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