Dating during separation

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.

Legal separation can mean different things in different states, so it should come as no surprise that the laws regarding dating after legal separation are also somewhat inconsistent.

To further complicate matters, the Uniform Code of Military Justice has its own laws regarding adultery among members of the United States military.

One spouse must file a petition with the court and a judge decides issues of property, support and custody, much as he would in a divorce.

At the end of the litigation, the court issues a decree of legal separation.

The significance of committing adultery also varies from state to state.For example, the judge might disapprove of the dating spouse's behavior and develop a bias against them.While such a bias is ostensibly unacceptable in the U. legal system, judges are human and biases are natural and even probable in some instances. ", Elizabeth Bernstein explores temporary separations as a way for couples to step back from their faltering relationships in order to re-evaluate them.(The article focuses on marriages, but I think it applies just as well to any committed relationship.) Rather than a preliminary step to the foregone conclusion of divorce, these temporary separations, planned out carefully between partners for a predetermined length of time and with guidelines regarding finances and child care, provide a cooling-off period with the added benefit of allowing the partners to see what life will be like without each other.In some cases this may even be the stated purpose: partners (one or both) may openly proclaim that they want to see other people to relieve emotional or sexual frustration, and/or to reassure themselves that their partners are truly the ones they want to be with.(This is a common justification offered for adultery, and to be fair a temporary separation is a more honest way to go about it.) But in either case, this goes deeper than the complaints of "I just can't stand him [or her] anymore" described in the article. Casually going out for dinner and a movie with someone is one thing, but intimacy—however you want to define it, whether emotional, physical or both—is another.But naturally, if the partners are without each other for any length of time, they may want to be with "other" others, as the article mentions: Then there's the fraught issue of whether each party is allowed to see other people during the separation. "If one of the parties wants to date, this is not a trial separation, it's the end," she says.Some therapists believe that dating is OK, as long as both parties are truly comfortable with the decision. As Tigger says, you just can't argue with a word like "fraught" (well played, Ms. But if the Hundred Acre Wood isn't one of your favorite hangouts, maybe you remember the years many of us spent at Central Perk.The best advice that you would get from your Raleigh divorce lawyer is simple—don’t do it.Dating can have both personal and legal consequences that can be harmful to your divorce action.

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