When I can live in with someone


#1

It’s a possibility but doubtful at this point that anything could be done or said. Maybe it’s just the fact that though you have separated and filed for divorce, he does not want to “live” with a married woman…


#2

Your Husband would not have grounds to sue your boyfriend soley based on the fact that the two of you moved in before you got divorced, however, there may be facts I am unaware of that may give rise to other legal issues.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

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

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

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

ROSEN.COM

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.


#3

Flower, please read the statute on Criminal Conversation. Until the divorce is decreed you are technically married in the State of North Carolina.

From elsewhere on the Rosen site:

"…the only things the plaintiff has to prove are (1) an act of intercourse and (2) the existence of a valid marriage between the plaintiff and the adulterous spouse, and (3) the bringing of the lawsuit within the applicable statute of limitations. For all practical purposes, there are no obvious defenses to a timely claim for criminal conversation, provided the plaintiff can prove a valid marriage and intercourse between the defendant and plaintiff


#4

This is all correct information BUT criminal conversation is not a felony and it is rarely prosecuted. When post separation conduct is looked at is in reference to alimony claims by the dependant spouse and normally is in conjuction with an Alienation of Affection suit. Say if you started dating and moved in with this guy only a week or two after separating then the courts would have cause to believe that there was a prior relationship going on, whereas now at the end of a year with no suit filed by your stbx there is really no cause to legally be worried about this. Yes, you are legally still married but again, there is little or nothing that would be done.


#5

I agree that it’s highly unlikely. They are expensive to prosecute, and commonly used to leverage extra money, benefits out of the other spouse during the divorce process, however, the liability is still there. In her case, the BF may just want to be protecting himself from any possibility.

As someone who is being threatened with these two lawsuits on a bi-weekly basis and who didn’t get involved with the separated person until after the spouse had asked for the divorce and my beau moved out, waiting a month or two to move in just for peace of mind over the next three years is worth it. Now, if the husband hires a PI to shoot pics of any sex act, then it’s a moot point anyhow whether or not you live together. The proveable deed is all that matters.

However, flower should have the benefit of knowing that such laws are still on the books, that her BF isn’t lying to her, that a crim conversation allegation can be brought without an action of alienation of affection, and that although infrequent, they still do get prosecuted. I think the estimate is something like 200 in a year in this state.

quote:
[i]Originally posted by stepmother[/i] [br]This is all correct information BUT criminal conversation is not a felony and it is rarely prosecuted. When post separation conduct is looked at is in reference to alimony claims by the dependant spouse and normally is in conjuction with an Alienation of Affection suit. Say if you started dating and moved in with this guy only a week or two after separating then the courts would have cause to believe that there was a prior relationship going on, whereas now at the end of a year with no suit filed by your stbx there is really no cause to legally be worried about this. Yes, you are legally still married but again, there is little or nothing that would be done.

#6

Criminal conversation is not a crime, however adultery is. If you have sex with someone before you are legally divorced you could be prosecuted for the act. Cohabitation is illegal in North Carolina as well, however, recent case law has indicated that those laws are unconstitutional. If you are only looking at a delay of ten days on moving in together, you may want to err on the side of caution.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

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

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

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

ROSEN.COM

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.


#7

Hi
It was very difficult and long year since I have been separated. After my separation, I met someone and I going to move in with him. I filed for an absolut divorce and hoping to get it done by the next month. I have a situation and I don’t know what to do and hoping may be someone can help me to resolve this. My appartment lease is over this month and I was going to move in with my boyfriend but he doesn’t want me untill I swow him a divorce sertificate. Indeed, he is willing to pay my rent and more ten days extra for this reason, because I will get my divorce not at the end of this month but after. What I am trying to say that he doesn’t want me moving in without a divirce sertificate. Does someone think that my boyfriend has grounds for to be afraid of my husbund suing him? . Thank you.[:(]