Am I allowed to see other people if I am legally separated?

Full question:

I am legally separated. Am I allowed to see other people before the divorce is final?

  • Category: Divorce
  • Date:
  • State: North Carolina

Answer:

It is likely that your dating will have some impact on child custody as it is often hard for the parent who is not dating to deal with another party being responsible for their children. Additionally, it may have an emotional impact on your children as there is always an adjustment to be made if you were in a more traditional household. It is entirely up to the parent as to whether they should or should not date.

In the State of North Carolina, your spouse can bring a third party claim for criminal conversation against someone you are in a romantic relationship with up until the time of divorce. What this means is after separation from your spouse you still run the risk of your spouse citing marital misconduct if you are dating and having sexual relations with a third party. Although it may not be true that you are having sexual relations with the third party your spouse may cite marital misconduct as a defense against your claim for Post-Separation Support and Alimony. Furthermore your spouse might make an attempt to prove that this relationship existed at the time of your marriage and before separation.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Dating someone who is separated but not yet divorced can have legal implications. In many states, including North Carolina, if you engage in a romantic relationship, your spouse may claim marital misconduct, which could affect issues like alimony and custody. It's essential to consider how this may impact your ongoing legal proceedings and family dynamics.