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.
You’re starting to notice other people when you go out and want someone to spend time with, someone who appreciates your company. While this may sound like a good idea, there are several problems to consider.
For the spouse seeking alimony, adultery can act as an absolute bar. The supported spouse can incur significant fees in defending that claim. Code § 20-3-130(C)(10) reads: In making an award of alimony or separate maintenance and support, the court must consider and give weight in such proportion as it finds appropriate …
Even for the supporting spouse, dating can pose a danger on alimony. (10) marital misconduct or fault of either or both parties, whether or not used as a basis for a divorce or separate maintenance decree if the misconduct affects or has affected the economic circumstances of the parties, or contributed to the breakup of the marriage, except that no evidence of personal conduct which may otherwise be relevant and material for the purpose of this subsection may be considered with regard to this subsection if the conduct took place subsequent to the happening of the earliest of (a) the formal signing of a written property or marital settlement agreement or (b) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties. However the opinion does not discuss how it affected the family court’s award.
Dating during divorce can have legal consequences both for the divorcing spouse and their new partner.
Dating while separated can hold up and complicate the divorce proceedings, can effect custody and visitation decisions, and rarely but possibly, depending on the state, may be grounds for a lawsuit.
This blog is intending to help litigants understand these risks. Code § 63-15-240(B) sets forth sixteen specific criteria for the family court to consider when determining child custody. Alimony and property division can also be affected when a spouse dates prior to a final order of separate maintenance.For example, the judge might disapprove of the dating spouse's behavior and develop a bias against them.While such a bias is ostensibly unacceptable in the U. legal system, judges are human and biases are natural and even probable in some instances.North Carolina law still permits an action for “alienation of affection” against a third party whom the plaintiff feels is responsible for ending the marriage.Even if you did not begin dating someone until after the date of separation, a suspicious former spouse may see the new boyfriend or girlfriend as the cause of the marriage’s end and bring a court action.My preference as the attorney is that my clients don’t date until they are divorced (or at least until they have a final order of separate maintenance): a client who doesn’t date is not going to create any dating-related complications in his or her case.