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Can I Move in with My New Partner During My Divorce in North Carolina?

Couple sitting on floor of empty home imagining what it will look like once it's furnished.

Committing to a new partner following a breakup can be difficult, especially if your previous relationship isn’t officially over. In some cases, a couple’s marriage can be over a long time before they file for divorce. In those instances, while two people may still legally be spouses, emotionally they may no longer consider themselves a couple. That can lead to one or both divorcing spouses finding love again before their divorce is final.

In North Carolina, dating someone new while you’re in the process of divorcing your ex can have a negative impact on the outcome of your divorce depending on the circumstances. It can put you at a disadvantage when it comes to issues regarding child custody, visitation rights, property division, and alimony. It can be an even bigger problem if you move in with your new partner before your divorce is final.

Should I Move in with My New Partner Before My Divorce Is Final?

While there’s a chance that moving in with your new partner while you’re getting a divorce may negatively affect the outcome of your divorce, there’s also a chance that it won’t have any impact on your divorce. It depends on the details of your situation.

In North Carolina, the law does not prohibit you from dating someone new or moving in with a new partner after filing for divorce. However, while it’s not illegal to date or live with someone new during your divorce, it can cause you several problems involving the following:

  • Child Custody/Visitation – When it comes to child custody and visitation, the court bases decisions on what is in the best interests of the child. If you are dating someone new, and especially if you move in with them, that person’s presence in your life could negatively affect your child custody case. If the court finds that the person you are dating/living with is not someone that should be around your kids, it could give your ex-spouse the advantage in your fight for custody or visitation rights.
  • Property Division – Depending on the circumstances, moving a new partner into your marital home before you’re divorced, or moving out of your marital home to move in with a new partner before your divorce is final, can negatively impact your rights to the home. In addition, if you use marital assets on your new partner, such as paying rent or mortgage payments for a new home you share with them, that can negatively impact what assets you receive once your divorce is final.
  • Alimony – If you move in with your new partner, depending on the financial situations of you, your spouse, and your new significant other, you could give your ex the advantage in alimony negotiations. If you are seeking to collect alimony, but you move in with a partner, your new significant other may be expected to help you tackle the financial burdens that your alimony was expected to handle. As a result, you may receive less alimony, or even no alimony, when your divorce is finalized.

In addition, depending on when and how you and your new partner began dating, you could face issues involving adultery, alienation of affection, or criminal conversation.

Ultimately, your best option is to speak with an experienced divorce attorney about your situation and follow their advice regarding whether you should move in with your new partner before your divorce is final. Your divorce lawyer understands the laws and the legal system in your area better than anyone, and they can examine the details of your circumstances and determine if your dating/living situation will negatively impact your divorce.

Discuss Your Situation with Our Experienced Divorce Lawyers Today

For over a decade, Rech Law, P.C. has helped clients in Charlotte and surrounding communities successfully navigate the complex legal pitfalls of the divorce process. We understand that life isn’t simple, and we’re ready to provide you with the guidance you need to overcome any obstacles you face during your divorce.

Our experienced divorce attorneys’ top priority is protecting your legal rights and helping you secure the most favorable outcome possible for your situation. For more information about Rech Law, P.C., and what we’ve done to help clients with divorces and child custody disputes in the past, check out our testimonials.

To speak with our experienced divorce lawyers, give us a call at (704) 659-0007 or get in touch with us online today to schedule a confidential consultation.

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