Q: Can I put charges on my Husband if we are not legally separated and he is living with another woman
I am in Jacksonville, North Carolina Onslow county
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- North Carolina
- (910) 333-9679
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A: The short answer is likely no. Adultery is a crime in NC but good luck getting any DA to prosecute it. There is no such thing as 'legally separated' in NC. All that is required to be what a lot of people like to mistakenly refer to as 'legally separated' is 1) not living together in the same residence and 2) at least one of you having the intention not to resume the marital relationship. Meet those two requirements and you are as 'legally separated' as you ever will be. Also in a unique twist to NC law there is no requirement that a spouse communicate that intent to the other spouse - so it is entirely possible that you are 'legally separated' and do not know it. You may however have some civil remedies - so it wouldn't hurt to consult with a local family law attorney who can go over your situation in detail and provide you with options. Best of luck!
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