Separation and sex

Dating, kissing and overnight guests do not violate the laws against adultery. However, it is rare that someone is prosecuted because they are caught on video committing a crime. People can be and are convicted based on circumstantial evidence. You are an adult and can make the choices that are best for you, but you are taking a risk that you could be prosecuted for adultery.

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

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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.

I realize that you cannot have a sexual relationship with someone during your separation period, but outside of someone witnessing the actual act of intercourse, isn’t a sexual relationship hard to prove? Also, can you date and/or kiss another person while you’re separated without someone taking legal action against you if they find out?