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And if the person you are dating is spending the night when your children are present, a judge very well many not like this and it could affect how much time you have with your children if you have to go to court.
Judges like stability and consistency for children and allowing a new person to spend the night and immediately become part of a child’s life so soon after a separation rarely looks good in court.
Oftentimes you may see allegations for the grounds for a divorce from bed and board in court filings but rarely does one side pursue a hearing on the matter.
The statute does not specifically allow a court to give possession of a marital home if a divorce from bed and board is granted, but in some cases a judge will give possession of the marital home to one party.
All it takes is the intent of one of the spouses to separate and to cease living together.
In the state of North Carolina, a couple must be legally separated for one year and a day before they can file for divorce.
The primary ground for which divorces are granted in North Carolina is based on a separation of a year and a day.
The policy behind the year waiting period was to give spouses a chance to assess if they really did want to go through with the divorce.
It is also is another allegation that can be used in court to bolster either sides claims.
If you have a situation in which you have two homes on the same property or a home that is divided and has totally separate living quarters whereby neither party would ever see the other or share any rooms, this may be sufficient.
However, your safest bet is to move into a totally separate residence at a separate location.
This is probably one of the most commonly asked questions…When can I start dating after I separate from my spouse? There are two different scenarios in which we must examine.
1) The person you want to date now was someone you had a relationship with pre-separation Whether you had sexual relations with the person or not this can create problems.
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Living in the same home in different bedrooms is not being physically separated.