Nc separation laws and dating
Nc separation laws and dating
There was no evidence beyond this that there was anything more than a platonic relationship.If Wife then starts dating platonic male friend shortly thereafter (or becoming even more serious than dating, such as becoming engaged), that could be used to show that there may have been the opportunity and inclination to have an extra-marital affair.
A married couple is considered to be separated in the eyes of the law from the moment one or both spouses move into a different house or residence with the intention of permanently living apart and ultimately getting divorced.A married couple cannot live in the same house if they want to be legally separated.North Carolina law refers to separation, but not to legal separation.Typically, the intent to remain separate is proven by the facts surrounding the separation and that you did not resume living together during the year of separation. General Statutes § 50-6:“Marriages may be dissolved and the parties thereto divorced from the bonds of matrimony on the application of either party, if and when the husband and wife have lived separate and apart for one year, and the plaintiff or defendant in the suit for divorce has resided in the State for a period of six months.”If the couple resumes marital relations at any point during their one-year period of separation, the statutory requirements to file for divorce based on separation will not have been met.For either marital party to apply for divorce, North Carolina law says they both must have lived separate and on their own for one year, and either one or both must have been residing within the state for a period of at least six months. Should the couple choose to engage in sexual intercourse every now and then, that action may not be considered a resumption of marital relations per N. General Statutes, § 52-10.2:“’Resumption of marital relations’ shall be defined as voluntary renewal of the husband and wife relationship, as shown by the totality of the circumstances.If there is a suspicion you may have had an extra-marital affair, it may be wise to delay dating until your case is settled or you are officially divorced.
Evidence of post-date of separation conduct can be used to prove pre-date of separation conduct.
Scenario Four If you met someone for absolutely the first time after you separated from your spouse and you desire to begin a relationship with him or her, it is usually acceptable to do so, but remember what I said in scenario three.
Scenario Five If your separated spouse already has a dating relationship and you desire to enter into a new dating relationship (especially with someone you had no prior relationship with) then it is almost always acceptable for you to do so.
Of course, no one can stop you from dating, but the question really becomes should you date?
Having to wait one year before being able to file for divorce can mean you are still technically married for over year.
Scenario Three If you are engaged in a hotly contested negotiation or litigation with your separated spouse over child custody, child support, alimony, or property division, and you have only been separated say, less than six months, then it is not in your best interests to begin a dating relationship with another person.