Mutual Consent


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

Raleigh Office
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) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780


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.


Myself and my wife are in the process of separating. If I get her to agree in writing to consent to us both dating during the separation period, would that be sufficient to prevent her from filing any claims against me?