New cohabitation during seperation


#1

Dear PhoeniX:

If you move into her home before the divorce is final, she will lose any and all rights for post separation support and alimony. Also, adultery is a crime in North Carolina. Best of luck!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.


#2

Just becareful and do not let him know you are dating ( unless he already knows and is ok with it) because it can hurt her in court.

Here in fla its not against the law to date while seperated but I am still not dating because I WILL NOT chance losing the custody battle. I do not want him to raise my child because he comes from a family full of alcoholics and his mother also is an EX addict along with an alocholic.

No one wins in divorce only the Lawyers do!


#3

Dear DivorceSucks:

Greetings. I agree with your reasons not to date or cohabitate during your child custody case. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.


#4

If the person has been separated for over a year but the final divorce is not done, would that still be considered adultery to move in together? What if the other half is also living together with someone else?


#5

I would think so since you are not legally divorced…and I would think its considered adultry even if the other is doing it too.

Adultry is against the law their but not here in Fla when it comes to divorce.

A lawyer can tell you more though since they know all nc laws unlike me. lol

No one wins in divorce only the Lawyers do!


#6

Dear robxtwo:

Yes, it is still considered adultery, and therefore a criminal offenses in North Carolina until the date of divorce. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.


#7

Long story short; my girlfriend’s estranged husband became a doctor and walked out on her and said he hadn’t had feeling for her for years. He has his own place and also has a girlfriend that he met before he moved out. She supported him financially and emotionally while he was in school and starting his profession. They have no children and own a house. He is on the deed but only her on the loan.

They are approaching the one year of separation (no papers) and she and I are very serious. What are the repercussions of me moving into her home before the divorce in final?

~PhoeniX