Dating after legal separation nc
Whether you were unhappy in your marriage for a long time prior to separating, or as the months have passed after your separation you find that you miss the companionship of another person, it’s reasonable to ask about dating.
Many people enjoy having a special “someone” to share their free time with and waiting the “year and a day” from your date of separation to file for divorce can seem daunting without companionship and support. The more tempered and reasoned answer to “Can I date after I separate?
In addition to the complications discussed above, it could adversely affect your claim for alimony – or whether you receive any alimony at all. Be aware that you will very likely be asked under oath about any dating or romantic relationships.
In North Carolina, “cohabitation,” (as defined by N. Answering this question less than truthfully would constitute perjury. Better yet, don’t wait until divorce proceedings are imminent to consult an attorney with a thorough knowledge of North Carolina divorce law and what implications, if any, dating will have.
” is yes, BUT it’s best to consider any legal consequences dating could have on issues related to your separation such as negotiating a separation agreement, spousal support (post-separation support and alimony), or child custody.
Generally, if you’ve met someone for the first time AFTER you separated, it’s probably okay to date (but see above), and if your spouse is dating someone, it’s generally acceptable for you to date (but see above ☺).
Judges tend to look disfavourably on introducing children to new romantic partners too soon after a separation.
Even if the marriage produced no children, prematurely “moving on” can complicate a property settlement or invite a lawsuit against the “the other man” or “other woman.” While “the other man” or “other woman” can no longer successfully be sued if the new relationship started after the date of separation, evidence proving that a relationship existed shortly after the date of separation can be used to help prove that a relationship existed prior to the date of separation.
Be honest and upfront, and talk with the attorney about your options and the possible consequences.
However, post-separation dating can impact you in the following ways so beware if: Your period of separation does not begin if you live in the same home.
Sleeping in separate bedrooms or in separate wings of a home will not count or tack on to your separation period.
Can I date after I separate from my spouse, but have not officially divorced?
This is a question a lot of people ask once they are no longer living as a married couple. There is no criminal law that prevents someone from dating after separation and before the divorce is final.