I am saying that only with a divorce are you truly free in dating someone else. Dating someone while still married is a crime in NC, regardless of the period of separation and the other spouse can use that against you in a divorce.
NC makes adultery a misdemeanor. Whether it will be prosecuted depends on the D.A. but the risk is there.
North Carolina also permits lawsuits against the third party for criminal conversation and alienation of affection
. These are claims against the person your spouse believes may have caused the break down of the marriage. So if that one spouse believes the marriage could have been saved, they may sued for this. I cannot say whether they will win, but these have this option.Here
is further reading material providing further explanation.
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