Nc dating while separated

Many of my clients come to me with unique stories and situations. Whether there is a complex property division or a heated argument about child custody, there are some questions that seem to come about on a regular occasion which has nothing to do with the property or the children exactly. Rather, I find that my clients want clarification as to what exactly is separation for purposes of a divorce in North Carolina and how does it affect their love life. It takes one year from the date you separate to get divorced in North Carolina.

Depending on the issues in particular case, it may take several years before all of your claims have been resolved. Many clients find that after being separated for a few months they would like to go on a date so they often ask is dating while separated ok. Can I date during my separation? Yes, you can date someone else after you separate from your spouse. There is nothing illegal or wrong about dating while separated and waiting for your divorce.

Many people choose to start dating again at some point during their separation and before the final divorce decree is entered. While you can date during your separation, I must add some precautions.

Precautions to take in dating while separated You must be separated from your spouse before you start dating. The date of separation occurs when both spouses live under separate roofs and at least one spouse has the intent to end the marriage. You are not separated if you sleep in separate bedrooms or if one person sleeps in the basement suite.

The spouses must be physically under separate roofs. The intent is created by simply one person wanting the divorce to occur. If you start dating before you are separated it is called adultery. Adultery can have a devastating impact on alimony. The intent to divorce does not necessarily need to be communicated to the other party, but if you want to ensure everyone is on the same page, including any future lawyers or judges, be sure to talk to your spouse. No separation documents need to be signed and no orders need to be filed with the court to establish the date of separation.

Now once you are legally separated, you can essentially act as a single person in the dating arena. A judge could look at the behavior as indicating that an affair actually occurred before the date of separation. Moving in with a boyfriend or girlfriend can also impact your custody case. This is a sticky situation that I would not want any of my clients to battle.

If a few months have passed since you separated and you simply want to get a meal with someone you have a romantic interest in, feel free to do so. And once your divorce is final, feel free to marry anyone else of your choosing. If you are suspicious of where the line between dating versus a case for adultery exists, at least take the time to talk with your family law attorney. Creating further complications should be avoided in any divorce regardless of your circumstances.

How long should I wait to start dating? Now that you know that you can date after you are legally separated, you may be asking yourself how long you should wait before dating. Ask yourself if you are truly no longer romantically involved with your husband or wife.

Would it bother you if your spouse was dating someone else? If so, you may not be ready to date. Are the more difficult parts of your divorce resolved? If not, you may want to hold off on becoming romantically involved with someone new. Are you family and friends aware of your separation and have they had time to adjust to the new life you are living? You will want the support of your family and close friends as you start dating again. Make sure they are ready for you to make the jump back into the dating pool.

Have you taken the time to grieve? A divorce is a traumatic event. You need time to mourn the loss of the relationship you had. Have you taken time to figure out who you are now that you are separated? But do you know who you are without your significant other? What do you like to do? The bottom line dating is ok and there is nothing illegal about dating while you are separated, however, it can complicate matters and you should wait until you are sure you are ready to be in a relationship again.

As a partner at the McIlveen Law Firm, she handles cases in family law including child custody and support, divorce, alimony, adoption, separation, domestic violence and equitable distribution.

She is often called upon to teach CLE classes to other attorney and to speak at events.


However, some states, such as North Carolina, make a legal distinction between dating during separation and dating while living together as man and wife. In North Carolina, unless one spouse is clinically insane, couples can only file for divorce after a one-year separation period. If a spouse commits adultery prior to the beginning of the. Dating While Separated. The separation is under way. Youve moved out, gotten your own place, and youre starting to think about moving on with your life.

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