It’s common for people to date while separated from their spouse. Some think it’s too soon, but others see it as a natural step toward moving on. If you’re considering dating during separation, people’s opinions might not matter, though, especially if you want to protect your legal rights and financial interests.
Feeling like you’re ready to put yourself out there can be freeing. However, consider the way the law views it before starting a new relationship.
Your separation and dating: What the law says
In North Carolina, you must be separated for one year before you can file for divorce. During this time, you may be wondering if it’s ok to start dating again. It’s important to understand that North Carolina is a no-fault divorce state. This means you don’t need to prove a spouse did something wrong to get a divorce – living apart for one year is enough to start the process.
Dating while separated is not against the law. It’s still possible to consider pursuing new romantic relationships. However, it can still affect some aspects of your divorce, particularly financial matters.
Key considerations about dating
Here are some important points to keep in mind if you’re thinking about dating during separation:
- Legal status: Dating during separation is not illegal. It doesn’t directly impact your ability to get a divorce.
- Impact on children: If you have children, bringing a new partner into their lives could make custody decisions more complicated. This is especially true if it negatively affects the children’s well-being.
- Financial implications: Be cautious about using marital assets to support a new relationship. Courts could view this as improper use of your and your spouse’s shared money. That could work against you during property division and spousal support decisions.
Although separation allows individuals to live apart, the court may still consider how both spouses conduct themselves during this period. Your actions during separation, including dating, could affect divorce decisions, especially if you spend shared money before the divorce is official and final.
Addressing your next chapter
Consider consulting with a family law attorney before making any final decisions about dating while separated. They can help you work through this transitional period in a way that protects your interests and allows you to move forward with your life.
Separation is emotionally difficult for both spouses and even the children. But with thoughtful actions, it can help set up a divorce process that paves the way for a peaceful future.