Plainttiff pitfalls post Div B&B consent orders


#1

I hope to have consent orders settling custody, child support, equitable distribution, alimony and post separation support near term. All parties are motivated to settle.

The action was filed by me was Divorce from Bed and Board on 5 of 6 grounds including adultery.

My questions are as follows with my ignorant understanding of matters assuming that the marital bond survives decree. The separation date is 1/4/15.

  1. As plaintiff, can a future claim be filed against me for adultery if I start dating?
  2. Is defendant immune from future adultery claim as they we guilty prior to decree?
  3. What defines reconciliation and will it have effect on order?
  4. Can plaintiff and defendant resume conjugal visits with non-reconciliation agreement post decree and pre divorce.

Thanks in advance


#2
  1. There is no claim for adultery that you could be sued for. But NC does recognize claims for Alienation of Affection. Evidence of a post date of separation relationship could be used to corroborate that it happened prior to separation.

  2. I don’t understand this question.

3&4. What constitutes reconciliation is a difficult question to answer. Case law in North Carolina has addressed this issue on several occasions. Basically, after looking at the totality of the circumstances the court will consider if there was a resumption of the marital relationship. Sex alone doesn’t constitute reconciliation but it is a factor to consider. Whether you held yourself out to the public as husband and wife is also a factor. Unfortunately there is no real clear answer about what constitutes a reconciliation. It is decided on a case by case basis.