Separated and dating in nc
For a divorce to be uncontested, you and your spouse must agree on the reason for the divorce and the terms of the settlement, such as property division, child custody and alimony.However, if you and your spouse contest, or dispute, the terms of your divorce -- or the reason for the divorce itself -- the process may be longer and more expensive.
Although North Carolina does not require spouses to form or file a separation agreement, it may be wise for them to still create one addressing important issues, like child custody, during the divorce.If you are experiencing serious problems in your marriage, you may be considering legal separation from your spouse.If that’s the case, you’ll require experienced legal counsel to help you protect your rights and assets throughout every step of the legal process.If they cannot agree, they can ask the court to decide these issues for them by filing a second petition with the divorce court, but this is a separate action from the divorce itself.Though neither a separation agreement nor a petition asking the court to decide these issues is technically required, if the spouses fail to reach agreement and do not ask the court for a resolution before the divorce is complete, they forfeit the right to do so after the divorce is final.Still, you need to make sure that you meet the legal definition of “separation.” State law mandates that you and your spouse must actually live separate and apart for at least one year before you are eligible to file for divorce.
If you live in separate areas of the same house, this does not satisfy the requirement.
Isolated sexual intercourse with your spouse is not considered reconciliation.
However, if you move in together, go out in public together and have regular sexual intercourse, it would likely be considered reconciliation.
First, a legal separation does not end your marriage.
You cannot remarry if you are legally separated but not divorced.
Here are the answers to some common questions about legal separation in North Carolina. Ullman & Associates now for specific answers to your individual questions.