Believe me, he will likely react to the fact that you are dating by making your life hell during the divorce process.
However, the date of separation is also important for other legal issues, such as the division of property.
While this may not matter in some cases, in periods where assets values have changed dramatically in a short period of time, the exact date of separation can make a significant difference to how property is divided. A fourth myth is that both parties need to agree to a legal separation. If one spouse unilaterally decides to separate and takes action in that regard, the couple is separated, even if the other spouse does not want this. A fifth myth is that there needs to be a separation agreement for the parties to be legally separated. A separation agreement is a document that outlines all the rights and responsibilities of the spouses whose marriage is ended.
Normally, it will need to be agreed upon before a divorce is granted.
However, it is not necessary to sign a separation agreement, or any other document for that matter, for a couple to separate. A sixth myth is that you must get a divorce if you are legally separated.
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.The main thing a divorce does is allow you to remarry some time in the future if that is what you choose.Many people, for religious or other reasons, prefer not to take that final step, and it is not required.Our courts consider the "totality of the circumstances" to determine if the parties have reconciled.If a reconciliation does occur, a new separation and one year waiting period is required before the parties may obtain a divorce.He may try to even the score by fighting about custody of the children or how to split the marital estate.