Can I date another person while I am separated from my spouse and a divorce is pending?
Yes, you can have a relationship with another person while you are separated and waiting on your divorce to be final. But there are practical and legal considerations to keep in mind.
We’ll start with a practical consideration. After becoming separated and deciding on a divorce, you and your spouse may have entered into negotiations about a separation agreement. However, your spouse could become bitter if they learn that you have already started another relationship before the divorce decree is entered. This could create hostility and complicate negotiations on matters such as alimony or custody of your children.
There is also an important legal consideration. It is not against the law to date another person while still married. However, adultery does constitute a crime – actually, a Class 2 misdemeanor – under North Carolina law. (Many people are surprised to learn about this law).