Unless you have a separation agreement saying that it is OK to do so, I don’t think you should. There could be claims of infidelity which are perfectly justified in this state–you cannot date or have “relations” while you are married, UNLESS both sides say, We don’t care. If you do have relations, it will appear to the judge that your actions may have preceeded the separation, and your spouse could claim alienation of affection and criminal conversation. This was my experience not too long ago.
fatlilbeagle is right. Unless you have a sep agreement saying it is okay to date, the other can use it against you. This law really blows!!! It has been up for vote to remove from the books but no such luck as of yet. I think NC residents should write to NC Senate and Congress to push these ancient laws from the books. Just a thought!
Dear betrue:
Greetings. How are you defining dating? As eating dinner with someone or as having sex? Please let me know.
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
10925 David Taylor Drive, Suite 100
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
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.
My question is: When is it ok to date? What does the law say regarding post separation, pre divorce? Alianation of affection shouldn’t apply the party that left the household abandoned spouse and children due to suspected drug addiction. A separation agreement hasn’t yet been persued by either party. Please help.