In North Carolina, if you are living separate from your spouse and you have no intent to resume the marital relationship, then you wouldn’t be committing adultery by dating someone else. Your spouse can’t use your post-separation conduct as the fault basis for a claim for alimony, post separation support, criminal conversation, or alienation of affection. So the simple answer is, you can start dating someone else as soon as you’ve separated from your spouse.
However, this does not mean that immediately reentering the dating pool is a good idea.
Why? First, if your spouse finds out you are dating someone new, it could negatively affect his or her willingness to settle pending claims at mediation or prior to trial. This could increase your cost and stress. Second, conduct after separation can be used as evidence to corroborate conduct prior to separation.
So your spouse could try to use your new beau to prove that you were cheating during the marriage in order to bolster a claim for alimony.
Finally, if your spouse believes you cheated, even if you didn’t, he or she could file a lawsuit for criminal conversation or alienation of affection. During such a lawsuit, opposing counsel could comb through your personal correspondence, pictures, laptop and phone as a part of the discovery process. Even if the suit is ultimately unsuccessful, your spouse could cause you and your new partner emotional pain, financial strain, and public embarrassment.
The bottom line: you can start dating upon separation, but you should wait until your case is over.
For more information contact our Greensboro law office.
- Former President, Greensboro Criminal Defense Lawyers Association
- Elected member, Criminal Justice Section, North Carolina Bar Association
- Selected to present the Wade M. Smith Award for Top Criminal Defense Lawyer in North Carolina
Talk to a Greensboro criminal defense lawyer today
Bring the warrant, the release order and anything else they gave you.
Garrett, Walker, Aycoth & Olson, Attorneys at Law
317 South Greene St, Greensboro, NC 27401
(336) 379-0539
This article explains North Carolina law in general terms. It is not legal advice about your case, and laws, penalties and court procedures change. Contact an attorney about your specific situation.