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This is a question I am frequently asked; and although the technically correct answer is “yes,” my advice is usually “NO!” Such advice, however, bears further clarification of context.Prior to this statute, if a person engaged in sexual relations with a married person, even if the married person was separated from his or her spouse, the mere act of having sexual relations with a married (but separated) person constituted .Now by NC statute, any act involving sexual relations with a person who is married, but separated from his or her spouse with the intention that the separation be made permanent, shall not constitute .Scenario Four If you met someone for absolutely the first time after you separated from your spouse and you desire to begin a relationship with him or her, it is usually acceptable to do so, but remember what I said in scenario three.
The Plaintiff in such a case would be your former spouse suing your new romantic interest.
Absolutely nothing is stated in North Carolina law to prevent someone who is separated from dating whomever they please. A more educated answer (and the careful answer) to this dating question depends on the facts, as outlined in the various scenarios below.
Scenario One If you have children and are planning to expose the children to someone you intend to date, you should be sure this person has the character and moral qualities of someone you are willing to have around your children.
To be considered separated from your spouse, you need to be living in different homes, and at least one of you needs to intend that the separation be permanent.
In general, you are not legally separated if your relationship has ended but you still live in the same home, or if you live in separate homes without the intent to be permanently separated (for example, for work purposes).