# Separated and engaged

**URL:** <https://forum.rosen.com/t/separated-and-engaged/5920>\
**Category:** Divorce and Separation Answers\
**Created:** [April 28, 2008, 12:25pm UTC](https://forum.rosen.com/t/separated-and-engaged/5920 "2008-04-28T12:25:49Z")\
**Posts on this page:** 6\
**Page:** 1

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**Author:** ![rubylucille](https://avatars.discourse-cdn.com/v4/letter/r/f17d59/32.png) [@rubylucille](https://forum.rosen.com/u/rubylucille)\
**Post date:** [April 28, 2008, 12:25pm UTC](https://forum.rosen.com/t/separated-and-engaged/5920/1 "2008-04-28T12:25:49Z")

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No it is not illegal, because an engagement isn’t a legal thing. There is married and not married. Getting married before divorcing your first spouse is obviously illegal. [:D]It is however illegal to have sex with someone other than your spouse while married (even while seperated).  
While I cannot say whether engagement prior to divorce reflects poorly on the other person, I can only imagine it could in regards to custody. It could also possibly provide fuel for an Alienation of Affection or Criminal Conversation suit, if it looks like the relationship was started prior to seperation.

Best of luck!

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**Author:** ![stepmother](https://avatars.discourse-cdn.com/v4/letter/s/90ced4/32.png) [@stepmother](https://forum.rosen.com/u/stepmother)\
**Post date:** [April 28, 2008, 1:02pm UTC](https://forum.rosen.com/t/separated-and-engaged/5920/2 "2008-04-28T13:02:49Z")

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Keep in mind though that being engaged does show that you are in a stable relationship providing that the separation was not your desire…  
If the person you are engaged to is stable and the children/child get’s along well with them there is not a lot that can be done…I would advise against admitting sexual relationship though…

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**Author:** ![mommieo3](https://avatars.discourse-cdn.com/v4/letter/m/ad7895/32.png) [@mommieo3](https://forum.rosen.com/u/mommieo3)\
**Post date:** [April 28, 2008, 1:35pm UTC](https://forum.rosen.com/t/separated-and-engaged/5920/3 "2008-04-28T13:35:02Z")

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Thanks all! I am actually going to court over custody with my ex-hus. I am happily remarried, and he married a woman he knew for 6 weeks, then she left him two weeks later (she also had 3 kids with her for the ride) A month later he has a new girlfriend and a few more months later they are talking about getting married as soon as his “next” divorce can be final. I was just wondering how the courts would see this. It will, technically, be his 3rd wife in 3 years time.

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**Author:** ![stepmother](https://avatars.discourse-cdn.com/v4/letter/s/90ced4/32.png) [@stepmother](https://forum.rosen.com/u/stepmother)\
**Post date:** [April 29, 2008, 5:46am UTC](https://forum.rosen.com/t/separated-and-engaged/5920/4 "2008-04-29T05:46:22Z")

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I think the courts there’s a good chance the courts could see this as a change of circumstances that may provide enough reason to change current custody arrangements.

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**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\
**Post date:** [May 3, 2008, 5:22pm UTC](https://forum.rosen.com/t/separated-and-engaged/5920/5 "2008-05-03T17:22:00Z")

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There is is no law that prohibits him from getting engaged. If this is indicative of impulsive behavior it may have an impact at the custody trial, especially if there is something inappropriate about this person.

Helena M. Nevicosi  
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500  
Raleigh, North Carolina 27607  
919.787.6668 main phone  
919.787.6361 main fax

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301 McCullough Drive  
Suite 510  
Charlotte, NC 28262  
Main Phone: (704)307.4600  
Main Fax: (704) 9343.0044

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1829 East Franklin Street  
Building 600  
Chapel Hill, NC 27514  
(919) 321.0780

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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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

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**Author:** ![mommieo3](https://avatars.discourse-cdn.com/v4/letter/m/ad7895/32.png) [@mommieo3](https://forum.rosen.com/u/mommieo3)\
**Post date:** [April 28, 2008, 11:39am UTC](https://forum.rosen.com/t/separated-and-engaged/5920/6 "2008-04-28T11:39:00Z")

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Hi all,

Was wondering if anyone knew, if someone is separated, then gets re-engaged to someone new a few months later, is that illegeal? Or will it reflect poorly in a very moral Judges eyes during custody trial?
