Legal separation and dating men and women dating
First, you’ll need to file the complaint paperwork with the district court of the county where you or you and your spouse live.
Then you’ll need to gather all of the necessary evidence and build a case to establish your spouse’s fault. In court, you and your attorney will present your case, and the court will decide whether to grant a legal separation.
Isolated sexual intercourse with your spouse is not considered reconciliation.
However, if you move in together, go out in public together and have regular sexual intercourse, it would likely be considered reconciliation.
Then you may obtain separate orders regarding matters such as alimony, child support, custody and visitation.
No, you do not need to be legally separated to obtain a North Carolina divorce.However, adultery does constitute a crime – actually, a Class 2 misdemeanor – under North Carolina law.(Many people are surprised to learn about this law).If you are experiencing serious problems in your marriage, you may be considering legal separation from your spouse.If that’s the case, you’ll require experienced legal counsel to help you protect your rights and assets throughout every step of the legal process.
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Still, you need to make sure that you meet the legal definition of “separation.” State law mandates that you and your spouse must actually live separate and apart for at least one year before you are eligible to file for divorce.