Legal Question in Family Law in North Carolina

I am in the process of a "seperation" I guess you could call it. I have been moved out since April 22 and have not been back since, my husband and I have no children and no co-owned property of any kind. It's pretty cut and dry. Someone had told me that in North Carolina, the day you move out you are considered legally seperated. So my question is this...If I was to get into a relationship, will I have any reprocussions from that?


Asked on 6/07/10, 6:42 am

1 Answer from Attorneys

Yes. Don't do it unless you first have a marital separation agreement which specifically waives a cause of action against third-parties for alienation of affection or criminal conversation, both of which are alive and well here in NC.

My advice is either get an agreement or live like a monk until April 23 of 2011 at which point you can file for divorce on your own. Use the pro se divorce packet for your county if they have one. If they don't, borrow the packet from a county that does.

And yes, you are already "legally" separated.

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Answered on 6/07/10, 11:05 am


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