You aren’t supposed to do that during the 1 yr separation. It’s against NC law because legally you are still married during that 1 yr separation. However, in my separation agreement, it stated that each party could proceed with their life however they saw fit without any interference from the other party. My new boyfriend has it written into his agreement with his ex that there are to be no overnight people of the opposite sex when either one of them has his kids unless either one of them remarries. That separation agreement was drawn up 10 years ago and it’s valid still. I don’t believe that the divorce has anything to do with it.
Dear dumped:
Greetings. Let’s get you some answers:
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No, adultery is a crime in North Carolina while you are married (which includes the one year separation period).
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You cannot legalize adultery through a separation agreement, it is still a crime.
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You can make it so that they can have overnight guests, but you should not say anything about “sexual” or “sex” in the agreement.
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No, the divorce decree should not say anything about overnight guests, as this goes in the separation agreement, which lasts past the date of divorce (again the sexual and sex words should not be in the agreement). Thank you and good luck.
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.
During the 1 year seperation can you have sexual relations with people other than you wife/husband?
Does this need to be added into the seperation agreement?
Can you make it so that during the 1 year seperation that the spouse with custody of the child can not have sexual partners stay over night at the residence during the time the child is at the residence?
Can you make it in the final divorce that the spouse with custody of the child can not have sexual partners stay over night at the residence during the time the child is at the residence?
Joe Melito