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LoginWorking through the complexities of legal separation in North Carolina can become overwhelming when trying to understand the specific laws and regulations that are associated with the process. Read below to dive into the ins and outs of legal separation in North Carolina! To be separated in North Carolina, you simply need to be living under different roofs and at least one spouse needs to intend on the separation being permanent. While a separation agreement is not required to be legally separated in North Carolina, it is something we suggest for everyone who is, or who is planning to be, separated. A separation agreement is a contract between two spouses which can resolve most legal issues that are involved in ending a marriage. It may clarify terms for spousal support, child custody and support, property and asset division, and more. In order to be considered legally separated in North Carolina, you and your spouse have to be living in separate homes and at least one of you has to have the intent for the separation to be permanent. For divorce also known as absolute divorce in North Carolina, you have to be living separately and separated for a year and a day.
The short answer is yes, you may date other people while legally separated from your spouse and waiting for your divorce to be finalized, but it might affect different legal rights during the divorce proceedings that may be important to you. In North Carolina, the laws regarding dating before a divorce is finalized can be complex and depend entirely on the facts of a particular situation, so it is extremely important to consult with a qualified family law attorney to understand how these laws apply to your specific situation. Engaging in a romantic or sexual relationship with someone other than your spouse before your divorce is finalized can potentially have implications in the divorce proceedings. Judges may not find it advisable to introduce children to new partners very soon after separation, so they may find in favor of a spouse who is not dating during the time of divorce proceedings. Further, if dating while awaiting divorce finalization would upset your spouse, it may create animosity during the negotiation of property division, which leads to complications and undesirable results for everyone.
The answer is yes, after you have legally separated, you are free to date as if you are not married. But the truth is, you should be careful. Anything beyond casual socializing may complicate the divorce process and even negatively affect the outcome when it comes to finances and child custody.
Licensed by the NC State Bar. After a Traffic Accident. Mediation Arbitration.
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