State law says that the two people involved in the adulterous act must engage in carnal intercourse, but state courts have interpreted this to mean sleeping together or frequent meetings that are intimate in nature.
The South Carolina Court of Appeals has ruled that intercourse is not necessary and sexual intimacy is enough, in some cases.
It is rarely prosecuted, but adultery is frequently used as grounds for divorce in family court.
The state Code of Laws defines adultery as two people having sex or living together when at least one of them is married to someone else.
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.
The post-separation agreement acts as a contract between the spouses during the period of separation.
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.
Dating can have both personal and legal consequences that can be harmful to your divorce action.Telephone records and credit card statements also might provide proof.Eye witness accounts of your wife and her lover kissing or holding hands usually will satisfy the first part of the test.You must prove that your spouse was inclined to have sex with her adulterous partner by providing evidence of sexual desire between them.In some cases, explicit love letters, emails, texts or Internet posts can provide all the evidence you need.Under North Carolina General Statute 50-6, a couple must be separated for one year before a divorce is final.