Need of Clarification

North Carolina Divorce Law Divorce and Separation Answers
1

Good evening, I would like to ask a question regarding issues of dating/ seeing someone during the 1 year separation process.
My husband and I have been living separately for 8 months now. Prior to him requesting me to leave the marital home, he has been
having a “close correspondence” (phone and email) with a so called woman friend of his which I am very certain has a big influence
on his decision regarding our getting a divorce.

First question, since NC state is a no fault state regarding adultery/alienation of affection, is it even worthwhile for me to consider
filing a case on this issue aside from filing for a divorce?

Second Question, my husband’s correspondence with this woman has been consistent from the time we were married till now.
Although during the time we were living together, it was all phone and through computer correspondence, now he travels to come
see her and even fly her here in Charlotte for visits. He admitted to me that he started dating again, is that legal? Is it acceptable by
law to start dating during the period of time that I just mentioned? Will my husband’s involvement during this time have a strong
bearing regarding how much post separation support/ alimony that I will be receiving?

Thank you for your time.

2

I’m not an attorney, but I can tell you that AOA and CC claims are extremely costly. They are some of the most expensive suits for family law. Unless she has a considerable amount of wealth then frankly it’s not worth the effort. Additionally, these cases can be difficult to win.

Dating is not restricted during separation but having sexual relations during separation is illegal (since you’re still technically married). HOWEVER, it’s been ages since someone was prosecuted for this because frankly – no one cares and the law is a bit outdated.

If you are the dependent spouse and you have no committed fault then you will be entitled to PSS/alimony regardless of his dating.

3

Marital misconduct is important when negotiating separation agreements, and depending on the facts you may have an action against your husband’s friend. Dating while separated is not a good idea, but it isn’t illegal.