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Yes, but dating again in north carolina. You cannot remarry if you are legally separated but not divorced. A legal separation allows you to remain married but live separately until either you reconcile or file for divorce. Second, fault plays a different role. In North Carolina, neither spouse needs to be held at fault for a couple to get divorced. To obtain a legal separation, however, the person who files must provide information establishing that his or her spouse was at fault.
Third, you can file for a legal separation as soon as you want, whereas for a no-fault divorce the parties must have been physically separated for at least a year. You or your spouse must be a resident of the state to file for separation in North Carolina. An experienced lawyer can help you do this. In court, you and your attorney will present your case, and the court will decide whether to grant a legal separation.
Then you may obtain separate orders regarding matters such as alimony, child support, custody and visitation. Fault generally falls under one of the following categories: Some of these may involve further legal action in addition to the separation.
Those at risk of being a victim of domestic violence should get this court order at once. If your spouse has filed for legal separation from you, but you believe you were not at fault, you should consult with an experienced lawyer.
An attorney can help you defend against false accusations. In these cases, you should not be penalized. The agreement will spell out legal and physical custody, visitation, child support and how vacation times will be shared between the parents.
Legal Separation in NC The Ultimate Guide
The terms of that agreement must serve the best interests of the children above all and can later be modified if there is proof that the current agreement does not do so. The welfare of children is the guiding factor in North Carolina custody agreements.Separated But Not Divorced: Should You Date Him?
You can have a relationship with another person while you are separated and waiting on your divorce to be final. But there are practical and legal considerations to keep in mind. After becoming separated and deciding on a divorce, you and your spouse may have entered into negotiations about a separation agreement.
However, your spouse could become bitter if they learn that you have already started another relationship before the divorce decree is entered. This could create hostility and complicate negotiations on matters such as alimony or custody.
There is also an important legal consideration. It is not against the law to date another person while still married. However, adultery does constitute a crime actually, a Class 2 misdemeanor under North Carolina law. Many people are surprised to learn about this law. Many couples, often with the help of mediation or counseling, make a decision to preserve their marriage. Since a legal separation does not definitively end the marriage, reconciliation is always an option.
In fact, the separation agreement should specify what will happen if the couple no longer wants to be separated. Separation agreements and lawsuits may be rescinded if you and your spouse so choose, and the court sees that the two of you have reconciled. Keep in mind, however, that reconciliation can reset the one-year waiting period for divorce if you once again separate. It may also include seemingly minor details such as where your car, pets and other belongings are kept and how bills are paid as well as how long a seeming period of reconciliation lasts.
If you and your spouse resume marital status and cohabitate, however, you must wait until one year from the date of the second separation to officially obtain a divorce.
Our dedicated attorneys and staff work as a team to provide you personalized, focused service. See why working with a small firm gives you an advantage. A spouse seeking a legal separation must show that the other spouse committed at least one of six acts, which would be stated in the legal complaint: Once you have obtained a legal separation, you may seek additional court orders for: Hire an experienced North Carolina divorce attorney. The lawyer you hire as your attorney protects you and your rights.
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