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legally separated but wanting to start dating

Discussion in 'Divorce, Separation, Annulment' started by kmst80, Apr 12, 2011.

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  1. Apr 12, 2011 #1
    kmst80

    kmst80 Law Topic Starter New Member

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    My wife and I are legally separated, and I have been wanting to start dating someone. Is there any way that my wife could take legal action against me for seeing someone else and possibly keep me from seeing our daughter?
     
    kmst80, Apr 12, 2011
    kmst80, Apr 12, 2011
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  2. Apr 12, 2011 #2
    Proserpina

    Proserpina Moderator

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    Yes.

    North Carolina can be quite strict about this, and Mom can easily have a "no paramour" clause written into any separation or custody/visitation agreement. This doesn't mean that you cannot see your daughter, but rather, you cannot bring any love interest around your child during your parenting time.

    Provided your intended paramour is not the cause of the separation, you should be protected from an "Alienation of Affection" suit.

    Tread carefully. And think about your daughter too - it's generally not going to be in her best interest for either of her parents to be dating while still married.
     
    Proserpina, Apr 12, 2011
    Proserpina, Apr 12, 2011
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  3. Apr 13, 2011 #3
    kmst80

    kmst80 Law Topic Starter New Member

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    My wife doesn't have that clause in our separation papers and we have both already signed the separation agreement. And she stated that one of the reasons why she wanted the separation papers vs. us just separating without papers is so she could see whoever she wanted to see and I could not do anything about it. Could it be possible that she could go back and add that clause even though she is seeing several men right now and we have already signed the papers?
     
    kmst80, Apr 13, 2011
    kmst80, Apr 13, 2011
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  4. Apr 13, 2011 #4
    Proserpina

    Proserpina Moderator

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    It's possible - but she needs to understand that it would apply to BOTH of you ;)

    (In other words - if you can't have a love interest around the child, then neither can she - what's good for the goose!)
     
    Proserpina, Apr 13, 2011
    Proserpina, Apr 13, 2011
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