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Attorney & Mediator
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In N.C. when is legal separation obtained ? Do both parties

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In N.C. when is legal separation obtained ? Do both parties have to agree at the time one of them moves out with no intent to continue the marriage or just one ? At what point are they able to move with on and date other people without consequences from their estranged spouse ?
Submitted: 5 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 5 years ago.
In North Carolina you become legally separated when you and your husband live under separate "roofs" and at least one of you desires to no longer be in the relationship of husband and wife. Generally both parties have a lawyer draft their separation agreement to establish the period of their separation and to distribute their marital properties. You are still married despite being legally separated so there is no reference as to the period of time you must be living apart before you can date someone else. Only being divorced are you free to date without consequences.

It can be possible however to stipulate in your separation agreement that upon execution of the agreement either party would be free to date, this would be one way to avoid any potential arguments from the other spouse if they were to raise them.



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Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Customer: replied 5 years ago.

Are you saying that if one party doesn't sign the separation agreement specifying that they are free to see other people that they are not able to do that until the divorce is final and what concequences are there if one party decides to go ahead and date somebody anyway?

Expert:  Attorney & Mediator replied 5 years ago.
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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Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
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