You do not have to file a legal document to begin a separation, although some people prefer to do so.
Second, once you are separated, are there any restrictions on forming relationships with other people? With limited exceptions, once you are separated, you are generally free to date anyone who wants to date you with one big exception.
Adultery can be used as a basis for divorce in North Carolina.
In addition, North Carolina is one of the few states where an innocent spouse can sue a third-party that broke up the marriage.
This article provides a basic overview of adultery laws in North Carolina and how they can impact a divorce.
In North Carolina, innocent spouses have the option of pursuing a civil lawsuit against their spouse’s lover and alleging “criminal conversation” or “alienation of affection.” Through such lawsuits, injured spouses can ask a judge or jury to order that the “defendant” (third-party lover) pay compensatory damages, which are money damages based on loss of consortium (marital affection and fellowship), mental anguish, humiliation, injury to health, and/or loss of support.
So long as the parties lived separate and apart for the full year, and did not resume their marriage during that year, the divorce will be granted.
Accordingly, adultery by husband, wife, or both may lead to divorce, but it cannot be a ground for filing for divorce.
If you still have legal questions after reading this article, you should contact an experienced family law attorney for advice and to protect your rights during the divorce process.An "agreement" means that both parties sign voluntarily.Coercion, fraud, undue influence or lack of knowledge will void the terms of a separation agreement.Although the name suggests that a crime has been committed, a “criminal conversation” action is not a criminal case.Instead, it’s actually a civil case, brought by a plaintiff (the party that was allegedly wronged) in a civil court.