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Still, you need to make sure that you meet the legal definition of “separation.” State law mandates that you and your spouse must actually live separate and apart for at least one year before you are eligible to file for divorce.If you live in separate areas of the same house, this does not satisfy the requirement.Now, I don't mean to scare you, but let's think worse-case scenario here.In North Carolina, sexual relations with someone other than your spouse is a crime, and adultery is technically a misdemeanor.Beginning a new relationship before your divorce is finalized has emotional, strategic and legal consequences. My suggested answer – my advice to you – would be: don't do it!

An outside dating relationship can affect the emotional dynamics of those negotiations and frequently makes the process significantly more difficult.

If infidelity/adultery — an intimate relationship with someone other than your spouse prior to separating — is an issue, then continuing a relationship with that same person after the separation can be used as evidence to prove adultery. Proof of adultery may affect alimony and child custody.

If you are in that situation, your legal situation becomes more complicated and discussing the specifics with your lawyer is important.

Isolated sexual intercourse with your spouse is not considered reconciliation.

However, if you move in together, go out in public together and have regular sexual intercourse, it would likely be considered reconciliation.


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