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During the 1 year separation required in North Carolina in order to file for divorce, can either party date others?

Asheville, NC |

I have a question about dating during the one year separation required before divorce can be filed for in North Carolina. Are the soon to be ex-spouses allowed to see other people?

Attorney Answers 3


Once the parties have separated, dating is par for the course. The only risk would be the introduction of a new partner to children, which is frowned upon universally. Date, but be discrete.

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You can date but under current law, your spouse may sue any person you have sexual relations with for criminal conversation. A brand new law was just signed which makes criminal conversation no longer applicable under a legal separation but it has not been litigated yet....

Best advice = get a separation contract with a third party waiver. We provide them through our Virtual Law Office.

Disclaimer: Information posted for educational / informational purposes only. No attorney client relationship created. There may be statute of limitations which could prohibit you from filing a claim if you hesitate or sit on your rights. See an attorney licensed in the State of North Carolina ASAP! Information pertains to North Carolina Law Only. See our website for more information.

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North Carolina's alienation and criminal conversation law changed on October 1, 2009 to provide that the person who is dating a spouse cannot be sued for conduct after the date of separation. However, we still have a divorce from bed and board law that does not distinguish between conduct before and after separation on the issue of adultery. Also, engaging in a dating relationship with another person could be considered an indignity and a ground for divorce from bed and board.

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