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Some states, such as New Jersey, call this a divorce from bed and board.
However, spouses are still legally married when they separate by this method. Adultery requires that sexual contact exists between a married individual and someone other than his spouse.
Some states no longer recognize fault-based grounds at all.Many married couples enter into a Separation Contract, a Separation Agreement and Property Settlement (SAPS), or obtain a Court Order that details rights and obligations regarding child support, child custody, spousal support, division of property, and debt.While a written agreement isn’t required to establish a legal separation in North Carolina, it may be necessary to allow one spouse to purchase real property before the divorce is finalized (called a “free trader clause”), to document the date of separation and to waive claims a spouse may have against a third party (called a “third party waiver”) for alienation of affection and/or criminal conversation.In North Carolina, legal separation occurs on the date that husband and wife move into separate residences, with one having the intent to continue living separate and apart.Husband and wife cannot continue to live together in the same home and be separated. Legal separation is often a precursor toward divorce, as divorce can be obtained after one year and one day of separation in North Carolina.In states where legal separation involves a court proceeding similar to and as complicated as divorce, or when spouses have signed a separation agreement and want to begin dating, it might make sense for them to simply divorce instead, so they can move on with their lives.Usually the largest asset that a couple acquires during their marriage is their home.If a married but separated man takes a woman out for dinner, but drops her off at the end of the evening and goes his own way, it’s generally not adultery. If he dates that woman repeatedly and they begin spending time together in each other’s homes, this can open the door for his spouse to claim the affair is adulterous because sexual contact might be taking place.In some states, adultery is a crime, although it is rarely prosecuted.In North Carolina, unless one spouse is clinically insane, couples can only file for divorce after a one-year separation period.If a spouse commits adultery prior to the beginning of the separation, it affects issues of alimony.