Dating while separated pennsylvania
For example, you can divide property for the time being and state in the agreement that the arrangement is only temporary until you divorce, or you can make it permanent.You can set terms for custody, visitation, child support and even alimony in the same way.In drafting the agreement, you should keep in mind that the terms will define what each party is permitted to do, so you and your Raleigh defense lawyer should be careful with what it says.Again, the best thing to do while separated is to stay single.Under North Carolina General Statute 50-6, a couple must be separated for one year before a divorce is final.Even though separated, you are still technically married until the court enters the order granting the divorce.This doesn’t necessarily mean that you have to take up residence in different households. You don’t sleep together, take your meals together or socialize together.You may reside in the same home, but you have no relationship; you just cross paths.
The good news, however, is that both of these actions have defenses that can be raised in court.
Under General Statute 50-16.2A, amongst the factors a judge can consider in granting support is any martial misconduct by the parties.
Marital misconduct can include abandonment and “illicit sexual behavior.” A former spouse could use evidence of your relationship, similar to the “alienation of affection” and “criminal conversion” claims, to argue that you are at fault for ending the marriage and deserve less financial support.
North Carolina law still permits an action for “alienation of affection” against a third party whom the plaintiff feels is responsible for ending the marriage.
Even if you did not begin dating someone until after the date of separation, a suspicious former spouse may see the new boyfriend or girlfriend as the cause of the marriage’s end and bring a court action.