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Legal Separation and Extramarital Relations

In the state of North Carolina, couples are required to go through a trial separation period before their divorce can be finalized. During this time, both spouses are allowed to date whomever they may choose. However, they are still legally considered to be married, so any sexual relations engaged in during this period still constitute an extramarital affair. Therefore, it is important that anyone going through a trial separation consider the impact that their actions may have on the divorce proceedings.

If you or someone you know is undergoing a trial separation prior to divorce, an experienced legal advocate can help guide you through this difficult time. Contact the Raleigh divorce lawyers of Marshall & Taylor PLLC, at 919-833-1040 to discuss your situation with a qualified member of our legal team.

How Adultery Can Affect Divorce

Though it may seem unfair to punish someone for a relationship that they entered after they separated from their spouse, an extramarital affair can significantly affect divorce proceedings. The following considerations may be influenced by evidence of adulterous actions:

  • Child custody and visitation decisions
  • Spousal support payments
  • Child support payments
  • Property settlements

While it may have contributed nothing to the end of the relationship, an affair during the trial separation period can have a significant impact on the final divorce decision.

Contact Us

If you are uncertain how a romantic relationship during a trial separation from your spouse will bear on your divorce, a seasoned legal veteran may be able to help you. Contact the Raleigh divorce attorneys of Marshall & Taylor PLLC, at 919-833-1040 today to talk to a legal professional and learn more about your options.