Dating While Separated in NC | Charles R. Ullman & Associates (2024)

Charles R. Ullman & Associates |

Dating While Separated in NC | Charles R. Ullman & Associates (1)

The answer is yes, after you have legally separated, you are free to date as if you are not married. But the truth is, you should be careful. Anything beyond casual socializing may complicate the divorce process and even negatively affect the outcome when it comes to finances and child custody. However, you may not worry about third party claims such as alienation of affection and criminal conversation as they are not valid when legally separated.

North Carolina won’t grant the divorce until the state-mandated one-year physical separation is over.

If you are wondering whether you can date during your separation period, the smart thing to do would be to ask one of our experienced divorce lawyers. Contact us today to schedule a consultation.

Things to Consider Before Dating During Separation

For your personal and legal benefit, the answer on dating you are likely to get from a lawyer is to tough it out, keep life simple until you are single again in the eyes of the law. As you weigh that advice, you should also consider:

  • Don’t rush into anything. Going through a divorce is an emotionally draining process. And although you may crave the emotional support of a new partner, you need to think through any decisions on dating. Stay in touch with your emotions, and ask yourself what you really need right now.
  • Are you still thinking about your spouse? If you are concerned about what your spouse is doing – and with whom – you aren’t ready to connect with someone else. If you think there’s a chance that you may reconcile at the end of this separation, you shouldn’t risk complicating the process by dating someone else.
  • Take the time to be with yourself. Divorce is a huge turning point in a person’s life. And many people find that they have changed a lot over the course of the marriage, or that the marriage has changed them. Before you consider dating, get to know your separated self.
  • Think about your children. Starting a new relationship is your decision to make, but it will also affect the lives of your children. And during the separation period, your dating behaviors may affect child custody decisions related to the divorce.
  • What are the odds that this relationship will last? We’ve all heard of rebound relationships. Consider whether the person you are interested in is really the new love of your life. If you believe he or she is, would it hurt to remain friends until your divorce is final?
  • Have you taken the time to process what went wrong in your marriage? This is a big consideration and one that should influence how you approach new relationships going forward. It takes time to be able to take a step back and evaluate what you want out of your next relationship and how you want it to be different.
  • Be very careful about what you share on social media. During separation, you and your spouse are likely still working on your child custody arrangement and other delicate issues that could be inflamed by dating-life posts on social media.

The ultimate thing to keep in mind is that you are still married in the eyes of the law until your divorce is final.

When You Are Ready to Date …

For many people, dating after divorce can be daunting. You may feel pressure from yourself or others to “get back out there.” Some tips to consider:

  • You are the only one who can say that you are ready to date. Don’t be pushed into something you’re not comfortable with.
  • Meeting people online is normal these days, but there are precautions you should take to protect yourself.
  • A dinner date can be a lot of pressure. Consider coffee or drinks instead.
  • Never talk about your former spouse on a first date.
  • Do not introduce your date to your children until you are in a place where you feel the relationship is a steady one.

Have You Asked Mom? She Knows Everything

Your heart of hearts knows exactly what your mother would say if you told her you want to date before the divorce is finalized. It would go something like this:

Listen, honey, even if you haven’t realized this yet, you have been hurt. Living through a divorce is complicated and emotionally crushing. Even the one year the state makes you wait for the divorce papers probably won’t be enough to heal, and that is going to have to happen before you can begin a meaningful and rewarding relationship with someone else.

These things take time, and if you move too fast, the healing might not happen as and when it should. You will know when the time is right.

Charles R. Ullman & Associates Can Help with Family Law Issues

The North Carolina family law firm of Charles R. Ullman & Associates helps people who are coping with divorce in Raleigh, Cary, and throughout Wake County. People turn to us for compassionate service in matters of divorce and separation, including child custody, child support, visitation, alimony, and post-separation support.

Contact us today at our Raleigh office to schedule a consultation. We provide the kind of advice and support that can help you through this difficult time in your life.

Sources:

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Charles Ullman & Associates provides you respected, experienced and knowledgeable divorce and family law attorneys. You can trust us to help you through the legal process efficiently and effectively so you can transition to the next phase of your life. Our community involvement reaches beyond charitable support of important causes. We launched our own movement in Fraternities4Family and provide scholarships to able students in need.

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Dating While Separated in NC | Charles R. Ullman & Associates (2024)

FAQs

Can I date while legally separated in NC? ›

The answer is yes, after you have legally separated, you are free to date as if you are not married. But the truth is, you should be careful. Anything beyond casual socializing may complicate the divorce process and even negatively affect the outcome when it comes to finances and child custody.

What not to do during separation in NC? ›

Approaching Separation? Five DON'TS
  • #1: DO NOT date or become emotionally or sexually involved with someone else. ...
  • #2: DO NOT throw your spouse out of the house. ...
  • #3: DO NOT move out of the house without your spouse's consent. ...
  • #4: DO NOT take all the money.

Can I date if I am legally separated? ›

It Is Legally Okay

This means that you are not going to get in trouble with the law for going on one or more dates with someone.

Can you be legally separated and still live together in NC? ›

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).

What voids a separation in NC? ›

Coercion, fraud, undue influence or lack of knowledge will void the terms of a separation agreement. A separation agreement is not proof of the parties' separation.

How many years do you have to be separated to be legally divorced in North Carolina? ›

How do we get divorced? One spouse or the other must have resided in North Carolina for at least six months and the parties must have been separated for at least one year with the separation intended to be permanent. When those two requirements have been met, either party may file for an absolute divorce.

Is sleeping with someone while separated adultery in NC? ›

One of the most common forms of marital misconduct is adultery, also called illicit sexual behavior. However, marital misconduct must have taken place during the marriage and before the date of separation. Even then, misconduct only comes into play for the issue of spousal support, which is also called alimony.

What is the 7 separation rule? ›

I would like to know whether any empirical studies have been conducted on the so-called "Law of the Seven Degrees of Separation", a statement that any two people in the world are separated by at most seven connections connecting one person (acquaintance, friend, relative, or other) to another.

Who has to leave the house in a separation in North Carolina? ›

So, if there is no court order in place, they both have the equal right to remain in the house throughout the separation period. But remember, living together is not considered a separate residence. North Carolina requires both spouses to live separately for one year.

Is it okay to date someone who is separated but not divorced? ›

Legal: Legal separations are similar to divorces, although not every state permits them. They are formally recognized by the court, and neither spouse can remarry until ending things officially with divorce, but they can date.

Is it cheating if you date while separated? ›

In some states or countries, dating during separation may not have any legal implications, while in others it may be considered adultery or infidelity, which can affect the outcome of divorce proceedings, especially in terms of property division and spousal support.

Can you sleep with other people during a separation? ›

The answer is regardless of whether the sexual encounter happened after separation or not, the parties are still married. Accordingly, from a legal perspective, if either were to engage with a new partner sexually, prior to the grant of the decree absolute, this is classed as adultery.

Does a husband have to support his wife during separation in NC? ›

In North Carolina, the responsibility for spousal support, also known as post-separation support and alimony, is not automatically imposed on one party or the other. Instead, the court determines it case-by-case, considering various factors.

What are the rights of unmarried couples living together in NC? ›

Cohabitation does not confer marital status on living partners in North Carolina. It does not create property rights, nor does it confer the right to alimony or spousal support. Note, none of these issues affect the rights of persons with children in common to sue for custody or child support.

Should you date someone who is separated but not divorced? ›

From a legal standpoint, dating while separated might not be a problem, but it could impact divorce proceedings, especially if it leads to accusations of infidelity. Emotions can run high during separations, so it's crucial to consider the potential consequences and communicate openly with your spouse.

Can you file single if you are separated in NC? ›

The state of North Carolina, for the most part, does not recognize legal separation, although some couples do benefit from separation agreements. If you and your spouse are living separated but are not yet divorced, you can file as “married filing jointly” or “married filing separately.”

Do unmarried couples have rights in NC? ›

If you cohabitate in North Carolina, you do not necessarily have the same rights and protections during a split as married couples do. But you can establish them through a contractual agreement. A cohabitation agreement can address a variety of issues.

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