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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. You’ve moved out, gotten your own place, and you’re starting to think about moving on with your life.
Dating can have both personal and legal consequences that can be harmful to your divorce action.
For “alienation of affection”, a defendant can prove that no love and affection existed between the husband and wife.
Another defense exists under General Statute 52-13, which allows a defendant to prove that an act giving rise to the claim for “alienation of affection” or “criminal conversion” occurred after the date of separation.
Under General Statute 50-16.2A, amongst the factors a judge can consider in granting support is any martial misconduct by the parties.
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.