Absolutely nothing is stated in North Carolina law to prevent someone who is separated from dating whomever they please. A more educated answer (and the careful answer) to this dating question depends on the facts, as outlined in the various scenarios below.Scenario One If you have children and are planning to expose the children to someone you intend to date, you should be sure this person has the character and moral qualities of someone you are willing to have around your children.Never sign a contract without understanding the meaning and the legal impact of each provision.
If you still cannot agree, you will need to seek relief through the court system.In order to get relief through the court, you would need to file a lawsuit in the District Court of the county where you or your spouse resides.If the dating relationship under any of these scenarios becomes an intimate sexual relationship, and you are suspected of having been involved with that person before you separated, then your post separation sexual relations could be used as evidence in an case.The Plaintiff in such a case would be your former spouse suing your new romantic interest.What if my spouse does not abide by the terms of the separation agreement?
A separation agreement can be enforced by a court order.
He/she would try to make the claim that you were involved with this new romantic interest before you were separated, and he/she would offer your post separation conduct as corroborative evidence to the claim that the relationship predated the separation.
In 2009, our legislature enacted a statute that put to rest a problem that had existed in cases.
Scenario Four If you met someone for absolutely the first time after you separated from your spouse and you desire to begin a relationship with him or her, it is usually acceptable to do so, but remember what I said in scenario three.
Scenario Five If your separated spouse already has a dating relationship and you desire to enter into a new dating relationship (especially with someone you had no prior relationship with) then it is almost always acceptable for you to do so.
This is a question I am frequently asked; and although the technically correct answer is “yes,” my advice is usually “NO!