North Carolina Separation Agreement - Do I Need One To Get Divorced?
Can I Date Now?
We have a one year waiting period to get divorced in North Carolina. You've started dating, it happens, it's natural. One year is a long time. The question then arises, is it okay to engage in a sexual relationship? The answer, prior to divorce, is generally, “No, it's not okay.” There are a number of legal issues and an emotional. 6 Oct Over a year of separation can be a long time to not have companionship, but dating or more can cause larger legal concerns during the divorce. 22 Aug Absolutely nothing is stated in North Carolina law to prevent someone who is separated from dating whomever they please. Dating while separated is not a criminal act. A more educated answer (and the careful answer) to this dating question depends on the facts, as outlined in the various scenarios below.
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Why does the custody agreement need to be in writing? We have a one year waiting period to get divorced in North Carolina. One year is a long time. The question then arises, is it okay to engage in a sexual relationship?
There is a criminal act that can be involved in dating and so I want to explain that to you, but I need to be very clear with you that as an attorney in North Carolina I have an ethical obligation to advise you not to commit crimes.
Have you taken the time to grieve? There are several reasons why adultery is dangerous in custody cases: Evidence of post-date of separation conduct can be used to prove pre-date of separation conduct. Under General Statute It is hard to imagine how having an affair before the divorce is complete can have a positive effect on the spouse's feelings for the adulterer, but the possibility that it will poison any spirit of cooperation is readily apparent.
So the first legal issue is that adultery in North Carolina is still a criminal offense. A district attorney could Dating During Legal Separation North Carolina you. So be aware of that fact. Now the second issue is that adultery corroborates evidence of adultery that took place prior to separation, and that becomes relevant in an alimony case.
The evidence can be used to corroborate the pre-separation adultery. For example, link a recent case we were negotiating, negotiating, negotiating a very complicated deal. We were this close to signing the agreement, just on the verge, and our client walked in on the spouse entering a restaurant with a date. Boom, things blew up.
The agreement fell apart.
It was like we were back to the drawing board. Dating just is such an emotional trigger. If you can wait, I really encourage you to wait.
It is not a good idea to introduce your children to multiple dating partners. You are free to associate with whomever you choose. Your relationship with a person of the opposite sex may be considered an indignity or constructive abandonment of your spouse, even if you have not engaged in sexual acts.
The last thing you need is for your negotiations to fall apart because of some casual encounter you never expected. The last thing you want to do is trigger an outburst or trigger an upset that causes things that were going along fairly smoothly to fall apart.
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