If you must, do consult with your Raleigh divorce lawyer before beginning to see someone romantically and discuss your options, including the possibility of a post-separation agreement. After several years of counseling the separated, I am more convinced than ever that Britton Wood is right. But most of those who are dating will never be reconciled. Dating is a prelude to remarriage, not therapy for reconciliation. You are extremely vulnerable during these days of separation.However, emotions aren’t governed by logic and reason, and if you are absolutely insistent on being able to date before the divorce is final, your Raleigh divorce lawyer can help you by drafting a post-separation agreement, which is authorized by General Statue 52-10.1.The post-separation agreement acts as a contract between the spouses during the period of separation.
Even though separated, you are still technically married until the court enters the order granting the divorce.
Under General Statute 50-16.2A, amongst the factors a judge can consider in granting support is any martial misconduct by the parties.
Marital misconduct can include abandonment and “illicit sexual behavior.” A former spouse could use evidence of your relationship, similar to the “alienation of affection” and “criminal conversion” claims, to argue that you are at fault for ending the marriage and deserve less financial support.
In drafting the agreement, you should keep in mind that the terms will define what each party is permitted to do, so you and your Raleigh defense lawyer should be careful with what it says.
Again, the best thing to do while separated is to stay single.