The next issue I will address is what can happen if you and your wife no longer agree to proceed on no-fault grounds after you begin dating other people.
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.
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.
This usually means that they cannot live with each other under the same roof.
So long as they meet that portion of the requirement, most courts do not force the parties to choose a fault option like adultery just because facts about adultery are present.
You can most likely be divorced on no-fault grounds even if you see others after you become separated.
In fact, in Texas where I practice, the parties can still be divorced on no-fault grounds even if one party committed adultery during the time the parties lived together as husband and wife, so long as both parties agree to proceed with the no-fault option.
This can affect issues of property distribution and alimony.