Nc separation laws dating


Legal Separation for Military Spouses | DivorceNet

You can avoid all of this heartache and stress by agreeing to negotiate and enter into a separation agreement outside of court. Many reasonable people would love to enter into a legally binding separation agreement.

You may be one of them. Here are some of the warning signs that indicate when it may be a waste of time to negotiate a legal separation agreement:. All of these situations can create a toxic environment in a marital residence.

However, due to the actions of one spouse acting unreasonable, hateful or in a threatening manner, getting the courts involved becomes necessary. If you are in a situation where your spouse is acting vindictive, is unwilling to share finances with you, or has abused you in the past, then will likely need a family law attorney to get involved on your behalf. In addition, if your spouse is keeping you from seeing your children, then often the only option is to file a child custody lawsuit sooner rather than later so that you can be given some time to see your kids.

Even in situations where both spouses are acting reasonable, you may need an attorney to help you negotiate a discrete issue or draft a legal separation agreement. At a bare minimum, we recommend that you consult with an attorney at the very outset of your case, before you begin settlement negotiations, so that you can get a handle on what your legal rights and obligations may be before you enter into settlement negotiations with your spouse. Our divorce assessment is perfectly tailored to assist you in this process. Then after you have reached an agreement with your spouse, we recommend that our clients come back to us to let us draft the separation agreement for them.

In this way you can make sure that all your bases are covered and that you are legally protected. In some cases, you may not be able to negotiate on your own, or your negotiations may stall. If this happens to you, we are able to step in and use our years of experience in handling family law matters to your benefit. We can let you know whether you or your spouse is being unreasonable, and help you to get your agreement finalized. One of the most common questions we get during our initial assessment with a client is whether or not they can start dating after they are legally separated, but before they have entered into a separation agreement.

The answer is a definite yes and no.

Brilliant lawyer answer, right? Yes, from a purely legal standpoint, you may start to date after you are legally separated.

Legal Separation in NC – The Ultimate Guide

If you start to date after the separation, it is likely that you have already emotionally divorced yourself from your spouse. If your spouse is still holding out hope that you will reconcile and are emotionally invested in your marriage, imagine how devastating it could be to them if they find out you are dating? And trust me, they WILL find out. If this happens it can lead to all sorts of other legal problems for both you and your new paramour.


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As a result, we typically recommend that our clients hold off on dating until after the ink is dry on their legal separation agreement. There is too much risk involved to not wait a couple months. In many cases, one spouse will voluntarily leave the marital residence. However, in extreme cases a judge can order a legal separation. Many people get confused by this name, because a Divorce from Bed and Board is not a divorce at all, but rather just a legal separation.

In addition, the innocent spouse must prove that they were a dutiful, supportive and caring spouse who did no wrong. You should note that actions for Divorce from Bed and Board are rarely granted, and are only used in extreme cases. But in the right situation, this is a powerful tool that can be used to force one spouse out of the marital home. A legal separation is important in North Carolina because it is a necessary first step to obtaining a divorce. In addition, a legal separation is necessary to file claims such as post-separation support , alimony and equitable distribution in Court.

And this precipitates a common question — should you negotiate a separation agreement and then move out or should you move out and then negotiate a separation agreement? Once again, the answer really depends on your situation and how cooperative your spouse is. In highly volatile marriages, where threats are being tossed around like candy at Halloween, we typically counsel our clients to attempt to negotiate a separation agreement before leaving the house. However, in more trusting relationships, we are willing to allow our clients to negotiate an agreement after a separation has already occurred.

The answer is a surprising yes — many people need a period of legal separation to take time to work on their own issues so that they can devote more bandwidth to working on their marriage.

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Some marriage counselors will even recommend that a married couple take some time off to work on the relationship. As a therapy tool, a legal separation can be very helpful. And yes, a couple can reconcile at any time if they mutually choose to do so. By reconciling, any pending court actions can be withdrawn and hearings cancelled. Judges love to hear when couples are attempting to reconcile. However, a reconciliation can have substantial legal consequences if you have already entered into a separation agreement and if you have already divided up marital property as a result of that agreement.

Legal Separation in NC – The Ultimate Guide

Whatever property you have already divided would be considered the separate property of the spouse who received it. Reconciliation can also affect the payment of spousal support and postpone the date that you would otherwise qualify for an absolute divorce. Alimony is payment for the support and maintenance of a spouse. It can be paid in a lump sum all at once or in ongoing payments for a period of time. It can be awarded by the court as a part of a divorce case, or a spouse can file a lawsuit for alimony separately from the divorce case.

In North Carolina, a spouse is entitled to alimony if he or she is financially dependent on the other spouse, and if the court finds that awarding alimony would be equitable fair after reviewing many factors. It is payable to the supported spouse until the the end date of payments specified in the postseparation support order, or until an order is entered awarding or denying alimony, whichever comes first. For more information on alimony in North Carolina, click here. Although adultery is not a ground for divorce, the court will consider this type of marital misconduct when awarding alimony.

If the court finds that the paying spouse committed adultery, the court must award the supported spouse alimony. However, if the court finds that the supported spouse or both spouses committed adultery, the court will use its discretion to award or deny alimony. It is also important to note that the court will not consider any marital misconduct if the acts by one spouse are condoned by the other. This means if one spouse knows about the adultery, and forgives the cheating spouse, the adultery will not be considered in an alimony case.

Marital misconduct may also be a factor in a postseparation support award.


  1. Before Header!
  2. Legal Separation for Military Spouses.
  3. Adultery in North Carolina: Does Cheating Affect Alimony?.
  4. Legal Separation in NC - The Ultimate Guide | Cary Divorce Lawyer!
  5. Legal Implications for a Spouse Who Chooses to Date After Separation!
  6. If either spouse introduces evidence of marital misconduct by the other spouse, the court is required to take that into account. However, the court is not required to award these types of support payments even if there is evidence of marital misconduct.


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    For more information on family law topics in North Carolina, click here. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising.

    In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Alimony Divorce and Property. Adultery in North Carolina: Does Cheating Affect Alimony?

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