QUESTION

What is the separation laws in NC?

Asked on Jun 21st, 2013 on Divorce - North Carolina
More details to this question:
I read that a law was passed in NC in 2009 (?) that prevents alienation of affection lawsuits after husband and wife begin living in separate residences, even if they have not yet signed a separation agreement. Is this true?
Report Abuse

1 ANSWER

Family Law Attorney serving Durham, NC at Morelos Law Firm
Update Your Profile
The current law regarding alienation of affection and criminal conversation lawsuits is that they must be based on acts that occurred prior to the separation date. One could file a lawsuit anyway if they wanted to, but it would likely be dismissed if it is only based on acts that occurred after the separation. But note that acts that occurred very close to the separation date (even if technically afterwards), could be relevant since if someone has a "new" boyfriend/girlfriend only 2 weeks after the separation, there is a good argument that the relationship was in fact going on much earlier than that. Regarding a separation agreement, that document is not a requirement or even relevant to when the separation began. Separation begins as soon as the parties are living in separate residences with the intention of at least 1 not to resume the marriage, regardless of whether they ever get a separation agreement or not.
Answered on Jun 23rd, 2013 at 9:16 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters