The separation is under way. While this may sound like a good idea, there are several problems to consider. Dating can have both personal and legal consequences that can be harmful to your divorce action. Under North Carolina General Statute , a couple must be separated for one year before a divorce is final. Even though separated, you are still technically married until the court enters the order granting the divorce.
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Household Items and Personal Belongings After Separation
Separation and Divorce | North Carolina Judicial Branch
When a couple separates, often one person moves out. Can that person take household items? Sell them? What about personal effects? This article explains the legal rules. Ideally, the spouses should try to reach an agreement when they separate. However, spouses can take items that belong to them if they are not considered movables used by the family.
Dating While Separated
The advice from most divorce lawyers—wait until the divorce is official for dating. Dating during a divorce if it is discovered often creates more expense. These cases do not go to trial before a judge. Negotiations become difficult. Where the parties might have agreed on a parenting plan, a battle over parenting time might ensue.
Learn more or start a filing. A separation agreement or other written document is not required to be legally separated in North Carolina. To be considered separated from your spouse, you need to be living in different homes, and at least one of you needs to intend that the separation be permanent. In general, you are not legally separated if your relationship has ended but you still live in the same home, or if you live in separate homes without the intent to be permanently separated for example, for work purposes.