New significant other

North Carolina Divorce Law Divorce and Separation Answers
1

I am currently about 2 months away from meeting the required 12 months of seperation prior to me filing for divorce. My to be ex-husband and I have a seperation agreement in place and have had a civil relationship for the sake of our two teenaged children. I am currently seeing someone casually (for about a month) and recently allowed my children to participate in some daytime activities with us during their time with me. My chidlren do not have any “dad confusion” issues and know this new person is someone that makes me happy and they knew I was not happy with their dad, however, they also have a great relationship with their dad.

My question is am I doing anything wrong since the divorce is not final yet? Our seperation agreement doesn’t indicate anything about dating or involving the children in any other relationships. I want to make sure that this relationship can not be used against me in the divorce settlement, especially when it comes to haveing split custody of the kids.

Thanks!

2

If you are dating before the divorce is finalized than your ex could make a stink and try to claim that you were seeing this person prior to separation. Then again, he’d have to have some kind of proof. You’re not doing anything ‘wrong’ per say, but a bitter ex could certainly stir the pot with that information.

3

Even if custody has been agreed upon in a separation agreement, your husband could still file a claim for custody in the court. Whether you are seeing someone doesn’t have any bearing on the divorce decree.

You should also be aware that adultery is a crime. See N.C.G.S 14-184.