Can I date if I am separated in North Carolina?
The short answer is yes, you may, with certain qualifications. If you have and your spouse have executed a separation agreement that provides for free association as most do, you will have no problem dating as you wish, although there may be some restrictions in the agreement regarding introductions to the children immediately upon starting a relationship or overnight visits when the children are with you.
- You should be very careful about dating someone you knew before separation immediately after separation. There are two issues that might arise if this is the case. First, a relationship that commences right away may be evidence that the relationship actually existed prior to separation and be the basis for a claim for adultery affecting one’s alimony exposure . The second is that it might lead to searching for evidence of an illicit relationship prior to separation exposing the new boyfriend or girlfriend to lawsuits for Alienation of Affection and /or Criminal Conversation.
- To be assured you are not getting yourself in trouble, you should speak to an experienced family law attorney prior to separation, if possible and soon after separation at the least. The experienced family law lawyers at Weaver, Bennett and Bland in Matthews North Carolina have been wisely advising residents of Mecklenburg and Union Counties since 1988.