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In North Carolina, the separation of a married couple takes place when they move into separate residences with the intent of living separate and apart.
It is advisable for a couple contemplating legal separation in North Carolina to consult with their attorneys prior to their actual separation for the purpose of drafting a Separation Agreement and Property Settlement.
Marital misconduct can encompass a wide variety of actions, including adultery and cruelty.
Another, even less common, suit is one for "criminal conversation." In a criminal conversation suit, the wronged spouse again sues, but for the suit to proceed there must have been a sexual relationship.
Further, your new partner may be subject to legal action as well, especially if your relationship began before separation.
In some states, the spurned spouse can sue for "alienation of affection." An alienation of affection suit is when a spouse who was cheated on sues a third party essentially for stealing the other spouse and breaking up the marriage.
Dating while in the process of a divorce may also affect child custody determinations.
Seeing parents date new partners is difficult for children, especially older children, and the new relationship may cause older children discomfort such that they decide residence with the other spouse would be more desirable.
Although many courts don't take children's wishes into consideration, some will, especially under the circumstance where a child is uncomfortable with a parent's new partner.