You’ve moved out, gotten your own place, and you’re starting to think about moving on with your life.You’re starting to notice other people when you go out and want someone to spend time with, someone who appreciates your company. While this may sound like a good idea, there are several problems to consider.The best advice that you would get from your Raleigh divorce lawyer is simple—don’t do it.
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.
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.
This action has a three year statute of limitations and doesn’t require sexual relations, unlike an action for “criminal conversation”.
The good news, however, is that both of these actions have defenses that can be raised in court.For “alienation of affection”, a defendant can prove that no love and affection existed between the husband and wife.Another defense exists under General Statute 52-13, which allows a defendant to prove that an act giving rise to the claim for “alienation of affection” or “criminal conversion” occurred after the date of separation.Essentially, if you can prove that the relationship did not begin until after you separated, it hurts your former spouse’s claim that your boyfriend or girlfriend caused the marriage’s end.Beyond these actions, dating can have an effect on any post-separation support you may receive.Under General Statute 50-16.2A, amongst the factors a judge can consider in granting support is any martial misconduct by the parties.