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.
Generally, the circuit court with jurisdiction for your case is the circuit court in the county where you live or the circuit court in the county where your spouse lives.
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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.
This action has a three year statute of limitations and doesn’t require sexual relations, unlike an action for “criminal conversation”.
The good news, however, is that both of these actions have defenses that can be raised in court.
You’ve moved out, gotten your own place, and you’re starting to think about moving on with your life.