Legal Question in Family Law in North Carolina
Divorce Question
If you are separated from your spouse and no legal papers have been drawn up is my spouse allowed to be involved with another person without committing adultery?
Asked on 3/20/13, 8:07 pm
1 Answer from Attorneys
Clarke Dummit
Dummit Fradin (Winston-Salem Office)
Under North Carolina General Statute � 14‑184. Fornication and adultery.
If any man and woman, not being married to each other, shall lewdly and lasciviously associate, bed and cohabit together, they shall be guilty of a Class 2 misdemeanor.
The simple answer is that it is adultery, however if you are separated it is hard to argue that this is any real issue. I have not seen any prosecutor ever charge nor proceed on this crime.
Answered on 3/20/13, 8:24 pm
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