Of course, no one can stop you from dating, but the question really becomes should you date? Having to wait one year before being able to file for divorce can mean you are still technically married for over year. Yes, that is a long time, especially for those who have been in an unhappy marriage for several years prior to the separation. If there is a suspicion you may have had an extra-marital affair, it may be wise to delay dating until your case is settled or you are officially divorced.
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The separation is under way. While this may sound like a good idea, there are several problems to consider. Dating can have both personal and legal consequences that can be harmful to your divorce action. Under North Carolina General Statute , a couple must be separated for one year before a divorce is final.
As you can see from these conditions, this is a complicated area of our law. Some would say the area is overcomplicated; but you need to learn the details if you are going to make an informed decision about the hazards of dating. Neither postseparation support or alimony can be ordered by a court in North Carolina if:. If you are in this relatively rare situation, you need read no further.
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