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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.
In some states, like California, it is impossible to get divorced until exactly six months to the day after one party files a document with the court that claims a legal separation.
Once you are legally separated, you are NOT divorced.
If you must, do consult with your Raleigh divorce lawyer before beginning to see someone romantically and discuss your options, including the possibility of a post-separation agreement.
Dear April Masini," I’m almost divorced, and I can't wait to get out there and start dating. Do you have any tips or advice for dating during the divorce process? It may be, but if you play by the rules, you’ll save yourself a lot of heartache, stress on your kids – if you have them – money and wasted energy along the way.
This can include dating, permitting each party to see other people without a fear of legal action or loss of support.
Under Florida state law, adultery is listed as a punishable misdemeanor of the second degree in the 2011 Florida Statutes: 798.01 Living in open adultery.—Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 798.02 Lewd and lascivious behavior.—If any man and woman, not being married to each other, lewdly and lasciviously associate and cohabit together, or if any man or woman, married or unmarried, engages in open and gross lewdness and lascivious behavior, they shall be guilty of a misdemeanor of the second degree.
Dating During the Divorce Process: The divorce process varies from state to state.
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.