Separation/Dating

Is this the one you were thinking about

  1. Interference. Husband and Wife each shall be free from interference, restraint, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. Neither party hereto shall hereafter disturb, annoy, molest, harass or in any way interfere with the other, directly or indirectly, nor compel or endeavor to compel the other to cohabit or dwell with him or her.

jnewman

Yes, this is the clause. Having this clause in the separation papers keeps either party from having the right to “act crazy” if the other begins dating, is this correct?

This maybe right but you are still legally married? Until 1 year 1 day this is the law right? then if you have sex outside your spouse then what is it called?
ADULTERY (illicit sexual behavior) this is the law right?
Think about this if you can get alimony and your STBX finds out and has proof you lost this sorry. Dating is ok but if you stay over night well then this is also what? Look into the laws on this site it will show you your rights. I do not like it but if I can get alimony from my STBX I will take it and then some[:D].
Hope this helped you Good luck to you

Dear Already Gone:

Greetings. You can date, but you cannot have sex, as adultery is against the law and no matter what you put in a separation agreement, you cannot violate the law (LOL - I am just imagining what everyone thinks when they read this).

As far as your spouse having problems, include a waiver of alienation of affection and criminal conversation in your agreement. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

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.

Jane,

what we think is that some one needs to wake up the general assembly and get them into at least the 20th century… oh my people have sex…

jnewman

Wish I could tell you something. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

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’ve been separated for appx. 4 months, no agreement in place yet, not dating & no prospects. Am I “covered” if I happen to start dating? If not, is there a clause that should be included in the agreement that does cover me should I begin to date? I think I might’ve seen one several posts ago but not sure. Thanks for the info.