Divorce virginia dating during separation

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.Upon motion of either party made no less than 21 days before the evidentiary hearing the court may, for good cause shown, in order to attain the ends of justice, order that a different valuation date be used.

If you must, do consult with your Raleigh divorce lawyer before beginning to see someone romantically and discuss your options, including the possibility of a post-separation agreement.

Upon decreeing the dissolution of a marriage, and also upon decreeing a divorce from the bond of matrimony, or upon the filing with the court as provided in subsection J of a certified copy of a final divorce decree obtained without the Commonwealth, the court, upon request of either party, (i) shall determine the legal title as between the parties, and the ownership and value of all property, real or personal, tangible or intangible, of the parties and shall consider which of such property is separate property, which is marital property, and which is part separate and part marital property in accordance with subdivision A 3 and (ii) shall determine the nature of all debts of the parties, or either of them, and shall consider which of such debts is separate debt and which is marital debt.

In the case of income received from separate property during the marriage, such income shall be marital property only to the extent it is attributable to the personal efforts of either party.

In the case of the increase in value of separate property during the marriage, such increase in value shall be marital property only to the extent that marital property or the personal efforts of either party have contributed to such increases, provided that any such personal efforts must be significant and result in substantial appreciation of the separate property.

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.Under North Carolina General Statute 50-6, a couple must be separated for one year before a divorce is final.Even though separated, you are still technically married until the court enters the order granting the divorce.Essentially, if you can prove that the relationship did not begin until after you separated, it hurts your former spouse’s claim that your boyfriend or girlfriend caused the marriage’s end.Beyond these actions, dating can have an effect on any post-separation support you may receive.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.

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