Dating for separated divorced

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Dating can have both personal and legal consequences that can be harmful to your divorce action.

Under North Carolina General Statute 50-6, a couple must be separated for one year before a divorce is final.

Since I counsel men and women before, during and after a relationship or marriage, including through a divorce, I frequently see people dating when separated.Even if you did not begin dating someone until after the date of separation, a suspicious former spouse may see the new boyfriend or girlfriend as the cause of the marriage’s end and bring a court action.This action has a three year statute of limitations and doesn’t require sexual relations, unlike an action for “criminal conversation”.Marital misconduct can include abandonment and “illicit sexual behavior.” A former spouse could use evidence of your relationship, similar to the “alienation of affection” and “criminal conversion” claims, to argue that you are at fault for ending the marriage and deserve less financial support.However, emotions aren’t governed by logic and reason, and if you are absolutely insistent on being able to date before the divorce is final, your Raleigh divorce lawyer can help you by drafting a post-separation agreement, which is authorized by General Statue 52-10.1.The good news, however, is that both of these actions have defenses that can be raised in court.For “alienation of affection”, a defendant can prove that no love and affection existed between the husband and wife.And with the prevalence of cheating, a lot of times one partner has already begun a new relationship and the other partner is now seeking to get 'mine.Once it's been decided by one, or both, partners to end the relationship, most typically both of partners start seeking a new relationship. If you really care about your new love interest then you'll apply more reason than emotion to your decision about dating while separated.Again, the best thing to do while separated is to stay single.If you must, do consult with your Raleigh divorce lawyer before beginning to see someone romantically and discuss your options, including the possibility of a post-separation agreement.

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