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Posted by / 09-Aug-2017 20:18

Some states consider a couple legally separated when they have signed a separation or marital settlement agreement and relocated to separate homes.

(c) It is the intent of the Legislature in enacting this section to abrogate the decisions in In re Marriage of Davis (2015) 61 Cal.4th 846 and In re Marriage of Norviel (2002) 102 Cal.

Having a separation agreement alone does not create a legal separation.

In North Carolina, you cannot live in the same residence and be legally separated.

Then, in July of 2015, the California Supreme Court turned that on its head in a decision called Marriage of Davis, which created a bright-line rule and made physical separation a necessity for there to be a separation, although the Supreme Court left open situations that could be an exception to that rule. (a) “Date of separation” means the date that a complete and final break in the marital relationship has occurred, as evidenced by both of the following: (1) The spouse has expressed to the other spouse his or her intent to end the marriage.

Many family law lawyers, judges and our California legislature were not happy with this decision and in 2016, Governor Brown signed SB-1255 under “dissolution of marriage – date of separation.” As of the date this article is updated, SB-1255 is not yet officially the law. (2) The conduct of the spouse is consistent with his or her intent to end the marriage.

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Absolutely nothing is stated in North Carolina law to prevent someone who is separated from dating whomever they please. A more educated answer (and the careful answer) to this dating question depends on the facts, as outlined in the various scenarios below.