No Sex in the Queen City?


Dear Train Wreck:

Greetings. Answer One: Yes, you would be committing adultery in the eyes of the court. Adultery is a criminal offense. You can date someone and have a full blown romantic relationship, without the sex.

Answer Two - Part A: Yes, you have to live in NC for 6 months before filing. Since you still have 8 months to wait before you can file for divorce, why are you worried about it.

Answer Two - Part B: If one of you return to your home state, you can file in your home state under the laws established there. The one remaining in NC could still file here. I hope that helps…best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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.


Sincere thanks for moderating such a useful and informative forum.

I have learned from your forum that I am “legally separated” hereafter LS; and can file for divorce 1 year and a day from the date of the LS.

Question One
If I meet a woman and become sexually active during this LS have I committed adultery in the eyes of the court? Can I enter into a full blown romantic relationship with another woman? For the record Adultery is not an issue in my divorce.

Question Two
I/we are from another state and have lived in NC for about 2 months. I believe I need to be a NC resident for 6 months before filing. However, the LS requires a one year period before filing… Plz clarify the prevailing requirement.

Question Two - Part B
Lastly, If one or both of us returns to our home state with the other party remaining in NC does that materially affect the NC Residents’ ability to file locally and proceed as mentioned above?

Advance thanks for your insight and and responses.


No one makes you inferior without your permission. - Eleanor Roosevelt